Resources Archives - Page 21 of 37

Protective Sweep/Exigent Circumstances 

Today’s case is both entertaining and enlightening. You know that saying, “You can’t make this stuff up”?  Well today’s case has some of that “stuff”.  There are of course some learning points as well in this case that are worth reviewing.  We have discussed protective sweeps in prior updates and the ability to conduct a warrantless search of a home based on exigent circumstances.  Of course, each of these exceptions to the 4th Amendment warrant requirements comes with limitations.  […]

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United States v. Brinkley, “Knock and Talk without Probable Cause”

Our case today comes from the Fourth Circuit. In February 2017, a federal-state task force in Charlotte, North Carolina pursued outstanding arrest warrants. Among the targets was Kendrick Brinkley, who had an outstanding arrest warrant for unlawfully possessing a firearm as a convicted felon. An ATF agent and Detective on the taskforce found Brinkley after extensive research into his addresses. Where things start to fall apart, however,

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Shooting at Moving Vehicles – Orn v. City of Tacoma

Over the last few years, several cases have arisen where officers have fired at moving vehicles. This continues to be the subject of debate among officers, legal counsel and the courts. In each case the outcome is critically dependent on the facts determined either through the police report, deposition testimony or video footage. Even though a vehicle shooting incident is highly dependent on the individual facts of that particular

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Automated License Plate Readers, LEARN – Ninth Circuit

Today’s case comes to us from the 9th Circuit and looks at issues surrounding Automated License Plate Readers (ALPR) and whether officers can access information from private databases populated by ALPR entries. The 9th Circuit describes the Vigilant Solutions LEARN (Law Enforcement Archival Reporting Network) program as a searchable database of entries from private and public sources that allow law enforcement subscribers to enter

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Civil – Dog Shooting – Ray v. Roane

Under the Fourth Amendment, unreasonable searches and seizures of “persons, houses, papers and effects” are prohibited. That last term, “effects,” means personal possessions, which includes cell phones, computers, vehicles, and every other article of moveable property. Another “effect” that we do not often thing of as such, is “man’s best friend”. Because a dog is also an “effect”, the shooting and killing of a

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Show-up, ID – Eighth Circuit

Eyewitness identification practices have come under a great deal of scrutiny as we have come to learn that improper eyewitness IDs are one of the major reasons for bad convictions across the country. Bad convictions have become such an issue that organizations like the Innocence Project have had to step in help fight these injustices. The Innocence Project is a private non-profit organization that investigates claims of

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SCOTUS considers when a shooting by the police can be considered a seizure

On March 25, 2021, the United States Supreme Court (SCOTUS), in the matter of Torres v. Madrid,1 clarified the meaning of “seizure” under the Fourth Amendment and whether a seizure occurs when officers use force that does not result in the actual restraint of the individual. In this case, the question before the court was “whether a seizure occurs when an officer shoots someone who temporarily

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Path of the Guardian – Online Police Training Program

Path of the Guardian was developed to help protect law enforcement officers. New videos are distributed weekly providing training on policy and police practice issues. Daigle Law Group and its Consultants developed this video program to help protect the Guardian by developing the Guardian mindset. Weekly videos are 5-10 minutes in length and focus on important policy and police practice issues developing across the

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Weekly Roundup – March 26, 2021

Recap important news, information, and what you may have missed this week. Supreme Court Considers Limits Of Tribal Police Authority (USA Today) The Supreme Court on Tuesday wrestled with a dispute over when Native American police officers may detain non-Native suspects, delving into thorny issues of tribal sovereignty that have vexed the federal government for generations. A ‘serious conversation’: Lawmakers take another try at

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Pole Camera – Sixth Circuit

It’s safe to say that in our modern world no matter where you are you are being recorded in one way or another. One of the ways that we can be recorded in our day-to-day lives is through a pole camera. In today’s legal update we will look at a recent case out of the 6th Circuit dealing with the use of surveillance cameras

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