Resources Archives - Page 26 of 37

Constitutional Rights in Interviews and Interrogations

United States v. Carpentino, 948 F.3d 10 (1st Cir. 2020) There will always be constitutional limitations placed on interview and interrogation activities. The simple math for any interview and interrogation situation is custody plus interrogation equals Miranda. With that being said, however, no case is that cut and dry and there are going to be nuances in every case. Some thoughts to consider include: (1) was the suspect […]

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Webinar: Practical Operational Standards During the Coronavirus Outbreak

Law Enforcement, Fire and Emergency Medical Service personnel are currently doing an amazing job on behalf of our nation to respond to the COVID-19 pandemic. Daigle Law Group is here to assist you these challenging times, and quite frankly, the last thing you need to be doing now is writing policies and procedures when you are already taxed efforts and resources are best committed

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Circuit Courts of Appeal – April 2020

Summaries courtesy of FLETC Legal Training Division & The Informer First Circuit Caniglia v. Strom, 953 F.3d 112 (1st Cir. 2020) In August 2015, Kim Caniglia called the police department and asked that an officer accompany her to her residence where she lived with her husband, Edward. Kim stated that the day before, during an argument with Edward, he retrieved a handgun from the

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Wearing a Badge, And a Video Camera

Over the past few weeks, we have fielded many requests from police departments on how best to integrate a body worn camera system into their department. Most agencies have met some level of initial resistance from their department members, who are concerned with the negative implications of wearing the camera – usually a “big brother is watching concern.” Over the past four years, I

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Can an Anonymous Tip Give Police Probable Cause?

In a recent training video, we sang the praises of the 9th Circuit when the appellate court approved officers seizing a cell phone during an inventory search. Today, however, we review a 9th Circuit case where the court was not so kind. For those of you who may remember the 2000 Supreme Court case – Florida v J.L.[1] – today’s case, United States vs

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Burglar Has No Expectation of Privacy

Today we will look at a case out of the 7th Circuit Court of Appeals, covering those jurisdictions in Illinois, Indiana, and Wisconsin. Today’s case, United States vs Sawyer[1], looks at the question of whether a suspect has a legitimate expectation of privacy in his backpack found at the scene of an active burglary. For some of you that may have been around the

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Reasonable Suspicion is Enough to Extend a Traffic Stop

As we say at DLG, traffic stops are the bread and butter of police work and often lead to great cases when we “look beyond the plate”. Of course, the courts have established “rules of engagement” that place restrictions on just how long that extra look can last. As the Supreme Court noted in Rodriguez v. United States, 135 S.Ct. 1609 (2015), “a traffic

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SCOTUS on the Fourth Amendment: Reasonable to Infer that the Registered Owner is the Driver of a Vehicle

On April 6, 2020, the United States Supreme Court answered the question of whether an officer (or in this case a deputy) violates the Fourth Amendment when he/she makes an investigative stop after running a license plate and discovering that the vehicle belongs to an operator with a revoked license. The Supreme Court held that “when an officer lacks information negating an inference that

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Webinar: Impact of COVID-19 on Oversight Bodies and Strategies to Move Forward

NACOLE brought together national experts and members of the oversight community to share information about what jurisdictions across the country are doing to address agency administrative considerations; possible impact on services and community engagement activities; and policing practices during this time. This free webinar discusses how the current crisis may affect civilian oversight of law enforcement practices in the future. Learn more at https://www.nacole.org/

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Utah City’s Traffic Ordinance Does Not Violate First Amendment

As we head into another election cycle and continue to deal with homelessness and panhandling concerns in our respective jurisdictions, I thought this recent case, Evans vs Sandy City[1], out of the 10th Circuit may provide some guidance on First Amendment concerns. Clearly, officers must take a citizen’s First Amendment liberties into account when planning a police response to a planned demonstration as well

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