Supreme Court Cases

Couriers, Consciousness, and the Court: Deciphering Delilah Diaz’s Dilemma in United States v. Diaz at the Supreme Court

In recent developments at the Supreme Court, the High Court granted certiorari in United States v. Diaz, a case that promises to reshape our understanding and application of expert testimony in drug trafficking cases. This case sheds light on the admissibility of expert law enforcement testimony, particularly its role in supporting the prosecution’s theory that the defendant was consciously aware she was transporting drugs. […]

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Supreme Court Ruling on Navigating the Line Between True Threats and Free Speech

On June 27, 2023, the United States Supreme Court’s verdict on Counterman v. Colorado will likely send ripples through the legal landscape, offering critical guidance on First Amendment interpretation, ‘true threats,’ and protected speech. This article seeks to break down the Court’s decision and rationale, helping law enforcement officers grasp the ruling’s implications. Billy Counterman was found guilty of stalking after engaging in two years of

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Supreme Court 2023: What Cases are on the Docket with the Potential to Reshape Law Enforcement Landscape 

The Supreme Court of the United States has a packed schedule in 2023, with several cases that could potentially impact law enforcement officers and departments across the country. In this article, we will provide an overview of both, scheduled and petitioned cases to be on the lookout for.   First up on the Court’s Docket is Counterman v. Colorado, which is set to be argued

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Highest Court Refuses to Review 6th Circuit’s Grant of Immunity to Officer

By Adrianna Aresco, Daigle Law GroupOctober 25, 2022 The Supreme Court recently declined to take up an appeal sought by the widow of Antonio Gordon, pertaining to the 6th Circuit’s decision in Gordon v. Bierenga, which granted immunity to the police officer who fatally shot Gordon in a drive-through line during vehicular flight.  The test that governs inquiries of qualified immunity maintains that: Public Officials are afforded immunity from civil

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Supreme Court Ruling Protects Law Enforcement When Miranda Warnings Are Missed

Vega v. Tekoh is a case that was decided by the Supreme Court of the United States on June 23, 2022. Supreme Court justices voted 6-3 that police officers can no longer be sued under a §1983 claim if they forget to state a suspect’s Miranda rights. While the court still believes that Miranda rights should be read, they reiterated that Miranda rights are “prophylactic”, meaning precautionary, and the

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SCOTUS Makes It Easier To Sue Police And Prosecutors For Malicious Prosecution

On April 4th, 2022, the Supreme Court of the United States (SCOTUS), in the matter of Thompson v. Clark[1], held that for purposes of a Fourth Amendment claim under § 1983 for malicious prosecution, a plaintiff is not required to show that the criminal prosecution ended with an affirmative indication of innocence. Rather, the plaintiff need only show that the prosecution ended without a conviction. A more detailed

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You Shall Not Pass: Knock & Talks, Curtilage and the Fourth Amendment

Coming to us from the First Circuit, the facts of this case surround harassment, a knock and talk, and of course, the Fourth Amendment.   The major case used in the court’s argument today is Florida v. Jardines. Decided in 2013, the Supreme Court recognized that the yard of a home is protected under the Fourth Amendment to the same degree as the interior of the

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SCOTUS: Qualified Immunity, Continued

In the second of two SCOTUS opinions released on the subject of qualified immunity, the Court overturned a 10th Circuit Court of Appeals decision. The Tenth Circuit Court relied on case law that “allows an officer to be held liable for a shooting that itself is objectively reasonable if the officer’s reckless or deliberate conduct created a situation requiring deadly force.1” SCOTUS emphatically stated,

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SCOTUS: Qualified Immunity

On October 18, 2021, the United States Supreme Court issued two per curiam decisions on the topic of qualified immunity. Per curiam (“by the court”) opinions refer to a decision made on behalf of the entire court without a particular judge or justice’s name attached to the opinion. These decisions tend to be short and to the point, as they usually concern issues that the court does not consider to be controversial or require extensive debate. It

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Author: Attorney Eric Daigle

Attorney Daigle focuses on evaluating and providing policy and training on areas of increased liability for departments across the country. Attorney Daigle’s keynote focuses on understanding current trends in legal standards, operational standards, and community concern. More importantly, the intersection between these topics to provide departments evaluation and recommendations to move forward.
This publication is produced to provide general information on the topic presented. It is distributed with the understanding that the publisher (Daigle Law Group, LLC) is not engaged in rendering legal or professional services. Although this publication is prepared by professionals, it should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.

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