Police Operations

Police-Press Relations: The Easy Way or the Hard Way?

Mickey H. Osterreicher, General Counsel, National Press Photographers Association, Reserve Deputy, Erie County Sheriff’s Office, New York “This is my job. This is my job. . . . I’m just doing my job. . . . I was sent here. . . . I’m a journalist.”1 This refrain was not enough to keep journalist Andrea Sahouri from being pepper-sprayed and arrested while covering a protest. […]

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SCOTUS: “There’s No Place Like Home”

On May 17, 2021, the United States Supreme Court (SCOTUS), in Caniglia v. Strom, examined whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home as it does in the motor vehicle context.  SCOTUS unanimously held that it did not.   Facts  During an argument with his wife at their home, Edward Caniglia retrieved a handgun from the bedroom, put it

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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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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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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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1st Circuit: Cell Phone Video Exam – United States v Rivera-Morales

Last week, we looked at a case out of the 8th Circuit talking about a case similar to the case we will discuss today. In United States v Suellentrop, the 8th Circuit allowed evidence to be submitted of pictures found on a cell phone after the pictures were found and provided to the police by a citizen. In Sullentrop, the 8th Circuit determined that the limitations on searching cell phones demanded by the Supreme Court in Riley v California did

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Use of Force Failure to Intervene – Eleventh Circuit

Today we head to the 11th Circuit which covers the states of Alabama, Georgia and Florida to talk about issues that are currently faced by police departments across the country. These issues include appropriate applications of force, Qualified Immunity and Bystander Liability, also known as the Failure to Intervene.  Before we look at the facts and the court decision in this case let me just make a

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