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
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
Webinar: Practical Operational Standards During the Coronavirus Outbreak Continue Reading
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
Can an Anonymous Tip Give Police Probable Cause? Continue Reading
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
Wearing a Badge, And a Video Camera Continue Reading
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
Reasonable Suspicion is Enough to Extend a Traffic Stop Continue Reading
It is not unusual for us to review car stop cases. As I have said more than once, car stops are the bread and butter of good police work. But what happens in those cases where officers conduct a legitimate car stop based on mistaken information? Fortunately, as we see in this case[1], the courts understand that in the fast-paced business of policing there
Police Mistakes Can Still Lead to Valid Arrests Continue Reading
Having an effective Off-Duty policy that provides guidance to officers on their legal responsibilities and required notifications has become essential. With this knowledge comes an important question: what happens if an officer is caught in the middle of a crime while they are off-duty? With current widespread animosity toward the police, officers may question if it is easier to avoid the altercation altogether. In
Off-Duty Officers and When to Intervene Continue Reading
By: Eric R. Atstupenas, Esq.[1] I. Introduction In a time when our law enforcement officers are responding to an alarming number of incidents involving opiate overdoses, agencies should be prepared to arm their officers with a means to reverse overdoses and save lives. In an effort to dramatically reduce the number of opioid-related deaths nationwide, countless law enforcement agencies have already initiated nasal naloxone
“Narcan-izing” Law Enforcement Agencies: The Age of Anti-Overdose Weaponry Continue Reading
January 2016 v.2 This memorandum serves to remind to all officers of proper procedure when dealing with the “open carry” issues surrounding firearms. While there is confusion as to application, Connecticut law and court decisions still support open carry; and still do not require individuals to show pistol permits to law enforcement when requested to do so, unless reasonable suspicion of a crime exists.
Connecticut Police Officers and Open Carry Response Continue Reading
It is clear that 2015 was a very difficult and tumultuous year for law enforcement. Law Enforcement has been the subject of much national critical media analysis, specifically officer use of force and deadly force incidents. As a result, officers and their Chiefs are fearful of becoming the next targets of viral videos, and having their decisions and actions judged by armchair quarterbacks. In
Is More Training Really the Answer? How About Effective Supervision? Continue Reading