Balancing First Amendment Rights with Operational Challenges of Law Enforcement – Is there a happy medium? The right of the press to document police activity is foundational to our democracy and has long been recognized and protected by the courts. During the protests of the last week there have been numerous reports that police have arrested, detained, threatened and had physical confrontations with journalists […]
Webinar: Police & The Press Continue Reading
We here at Daigle Law Group watch as many of your departments are dealing with protests across the country, placing a continued strain on your resources. While many of the demonstrations are peaceful, some are requiring the calling of an unlawful demonstration in response to violence and property damage. How can we help? We can help and make sure your officers are aware of
Crowd Control Resources Continue Reading
Don’t Just Train it Because it’s Required, Make it Effective. Learn how to make training productive in a nonproductive time. This Free Webinar will focus on the essential need for continued education, even during this challenging time, to ensure that the legal standards for training are met in your department. Training Officers hold a significant impact on protecting your agency for excessive liability. Do
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United States v. Gabriel Rodriguez-Pacheco, 948 F.3d 1 (1st Cir. 2020) Certainly, our response to domestic violence cases has evolved for the better in recent years and we continue to improve our services to Domestic Violence victims. That being said, we must still abide by constitutional guidelines during our investigations and the arrest of the offender. Today’s case focuses on an appeal from the
Domestic Violence and the Officer Home Search Hassle Continue Reading
The demonstrations in past years, including the Occupy movements, flash mobs, and sports championships, put law enforcement agencies on notice that we have an obligation to prepare our departments for a proper response to these types of events. The Occupy movement has given us a glimpse into what we can expect to see in the near future. Preparation in addressing these crowds is best
Crowd Management and Protecting Civil Rights Continue Reading
From time to time here at DLG we feel it is important to review liability cases in order to ensure that departments’ policies are up to date. This particular case comes to us from the 7th Circuit, which oversees agencies in the states of Illinois, Indiana and Wisconsin. We have covered a number of handcuffing cases over the years and, while today’s case is
Health and Handcuffing – Day v. Wooten Continue Reading
In the past, we have written extensively on the use of flash diversionary devices by tactical teams and the interpretation of its use by Courts across the Country. Let’s just say the legal analysis is not good and the standards for use have been interpreted as high. What might give a glimpse into the thought process of the Courts is how they define the
No Immunity for SWAT Teams Use of Flash Diversionary Device Continue Reading
When it comes to rental cars there seems to be a never ending number of questions: should I spring for the optional insurance, why do we have to be twenty five before we can rent one and most importantly, does an unauthorized and unlicensed operator have standing to challenge the search of a rental car? In a recent case out of the 2nd Circuit,
Rental Cars: To Search or Not to Search Continue Reading
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
Constitutional Rights in Interviews and Interrogations Continue Reading
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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