Audit or Ambush? Legal Strategies for Navigating First Amendment Audits (26-18-6-A1)

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Attorney Eric Daigle — Principal, Daigle Law Group

First Amendment “audits” and the public recording of police activity have become increasingly common across the country. These encounters often place officers and supervisors in tense, highly visible situations where constitutional rights, officer safety, and public perception intersect. This session examines the legal foundations of the civilian right to record law enforcement and the operational challenges created by self-identified “auditors.” Participants will review current case law, common enforcement pitfalls, and practical response strategies. The course provides clear guidance on how agencies can train officers, develop policy, and supervise encounters in a manner that protects constitutional rights while maintaining professionalism, safety, and organizational credibility.

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