Resources Archives - Page 26 of 41

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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MCCA Protest Report Summary

Without question, 2020 was a year that brought more protests than any other year in our recent history. So, what does the rise in protests mean for law enforcement moving forward? In October of 2020, the MCCA, an organization made up police executives from seventy-eight of the largest police agencies across the US and Canada, released a report that documents protests that took place in major cities across North America. Because we

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Circuit Courts of Appeals – February 2021

The following federal circuit court case summaries are provided by The Legal Training Division of the Federal Law Enforcement Training Centers’ Office of Chief Counsel (https://www.fletc.gov/informer). The Informer is published monthly and includes federal circuit court and Supreme Court case summaries covering a variety of topics of interest for law enforcement officers. First Circuit United States v. Mumme, 985 F.3d 25 (1st Cir. 2021)

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SCOTUS: “Hot” Pursuits

In Lange v. California, a case argued before the Supreme Court of the United States on February 24, 2021, the Supreme Court weighed in on how much protection the Fourth Amendment gives to those suspected of a minor crime once they enter their home. To give some perspective on the topic, police do not need a warrant when a fleeing felon is found in their home.

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Expectation of Privacy – United States v. Sawyer

Our legal update today will focus on the 7th Circuit Court of Appeals, covering those jurisdictions in Illinois, Indiana, and Wisconsin. Today’s case looks at the question of whether a suspect has a legitimate expectation of privacy in his backpack when it is found at the scene of an active burglary. For some of you that may have been around the block for a while, you may recall that at one

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