Resources Archives - Page 30 of 41

Webinar: Training Officer Liability

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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Domestic Violence and the Officer Home Search Hassle

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

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Crowd Management and Protecting Civil Rights

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

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Health and Handcuffing – Day v. Wooten

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

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No Immunity for SWAT Teams Use of Flash Diversionary Device

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

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Rental Cars: To Search or Not to Search

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,

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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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