Our case today is another question of excessive use of force stemming from the Ninth Circuit Court of Appeals. In this case officers arrive to the scene to handle a perceived violent individual who may or may not have been experiencing a seizure. From the facts in this case, it seems that our suspect, James O’Doan, was of sound mind and was evading police during his “episode”. […]
Excessive Use of Force – Ninth Circuit Continue Reading
On June 28, 2021, the Supreme Court of the United States (SCOTUS) examined the topic of excessive force in the case of Lombardo v. City of St. Louis. In an unsigned opinion — and over the dissents of three justices — SCOTUS threw out the 8th Circuit Court ruling in favor of the officers—which dismissed the excessive force suit filed by the man’s parents—and
SCOTUS: Excessive Force Continue Reading
In today’s case out of the Eighth Circuit Court of Appeals we encounter two known drug users and Miranda rights. As a reminder, you are required to provide Miranda warnings when conducting a “custodial interrogation”. A person is in “custody” for Miranda, purposes, when there is a formal arrest, or you are restraining the person’s freedom of movement to the degree associated with a formal arrest. To determine whether a person was in custody, the court
Casual Miranda Rights – Eighth Circuit Continue Reading
On June 14, 2021, the United States Supreme Court (SCOTUS), in Terry v. United States examined whether crack offenders who do not trigger a mandatory minimum qualify for resentencing under The First Step Act of 2018. SCOTUS unanimously held they do not. Facts In 1986, Congress established mandatory minimum sentences for cocaine convictions that treated crack offenses much more harshly than those involving powder form. The law established three tiers of penalties. The first imposed a ten-year minimum sentence for individuals who possessed
SCOTUS: Terry v. United States Continue Reading
On June 14, 2021, the United States Supreme Court (SCOTUS), in Greer v. United States and United States v. Gary examined whether federal felons in possession are entitled to plain-error relief for their unpreserved Rehaif claims. SCOTUS held that they are not. Facts In Rehaif v. United States, 588 U.S. ___ (2019), SCOTUS held that a conviction for being a felon in possession of a firearm requires proof not only that the defendant knew he had a firearm, but that he was
SCOTUS: No Plain-Error Relief Continue Reading
Today we travel to the Fifth Circuit to review a fatal use of force case. As officers, we never want to be in the position where we get to the point of needing to deploy our firearm to protect ourselves, but as you will see in this case the use of force was more than necessary. What should have been a simple traffic stop
Fatal Use of Force – Fifth Circuit Continue Reading
On June 10, 2021, the United States Supreme Court (SCOTUS), in Borden v. United States, examined whether, under the Armed Career Criminal Act (ACCA), 18 U.S. §924(e), crimes involving recklessness constitute “violent felonies” for sentence enhancement purposes. A fractured court ruled that it does not. Facts This case involved a provision of ACCA that imposed a 15-year minimum on anyone convicted of being a
SCOTUS: Borden v. United States Continue Reading
Welcome to the Guardian Mindset weekly recap from Daigle Law Group. These updates will help provide open and transparent information you can review and share with your agency. We believe Knowledge is Power and that we must find the most efficient ways to bring you education in the path to developing the Guardian Mindset. Recommended Viewing Recommended Reading Catch up on the latest legal updates, breaking news,
Guardian Mindset – Weekly Recap Continue Reading
United States v. Cooley, 593 U.S. _____ (2021) On June 1, 2021, the United States Supreme Court (SCOTUS), in United States v. Cooley, examined the scope of American Indian tribes’ sovereign powers. In its first major opinion on the topic in decades, SCOTUS unanimously held that an Indian tribe’s police officer has the authority to temporarily detain and search a non-Indian suspected of breaking federal or state law within reservations. FACTS The defendant, Joshua
Legal Update: United States v. Cooley Continue Reading
Mickey H. Osterreicher, General Counsel, National Press Photographers Association, Reserve Deputy, Erie County Sheriff’s Office, New York “This is my job. This is my job. . . . I’m just doing my job. . . . I was sent here. . . . I’m a journalist.”1 This refrain was not enough to keep journalist Andrea Sahouri from being pepper-sprayed and arrested while covering a protest.
Police-Press Relations: The Easy Way or the Hard Way? Continue Reading