Policy Development

Capturing the Truth: Navigating the Intersection of Freedom of Speech and Video Recording in Law Enforcement

In a recent opinion, the Fourth Circuit Court of Appeals established their position on the extent to which the First Amendment protections extend to recording and livestreaming officer civilian interactions. In Sharpe v. Winterville Police Department[1], the court considered the First Amendment right for a passenger to livestream their own traffic stop. After issuing this opinion, the Fourth Circuit became the second even-numbered circuit to […]

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Finding a Way Forward – Taking Back Responsibility in Law Enforcement

The death of Eric Garner in July of 2014 in New York City marked the beginning of a constant focus on police use of force against communities of color.  Garner’s death started the “I can’t breathe” movement, which continues today.  In August of 2014, Michael Brown was killed in Ferguson, Missouri, resulting in Black Lives Matter, launching Campaign Zero.  Since Ferguson, the saturation and

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Video, Use of Force, and Qualified Immunity

Dashcams and body-worn cameras can be both a blessing and a curse for law enforcement. They allow for the court system to view an incident in real time, but they sometimes cloud perception and make it difficult to not view an incident with 20/20 hindsight. In Cunningham v. Shelby County[i] Deputies Paschal and Wiggins appealed a case through the Sixth Circuit Court. Paschal and Wiggins were

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Half In, Half Out

On June 28th, Supreme Court Justice Clarence Thomas released a statement pertaining to the federal ban on the cultivation and use of marijuana within states where he noted that it “may no longer be necessary or proper.” This statement was made in connection with the denial of a petition for a writ of certiorari to the Supreme Court of the United States (SCOTUS) in

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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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Continued Detention After Finding of No PC – Eleventh Circuit

Today, we will head to the Sunshine State to review a case involving an OUI stop, and arrest followed by an eight-hour detention. The problem in this case arises shortly after the arrestee, Seana Barnett, arrived at the booking facility and blew a .00. This case took a circuitous path from the initial stop on March 15, 2014 to the final 11th Circuit ruling issued on April 15, 2020. And, believe it or not, the case was still not over. 

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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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