Presented by Eric Daigle
Developing The Guardian Mindset® Podcast
Each month, Attorney Daigle discusses the history of law enforcement, the guiding principles that have shaped policing through the 20th century and into the present day, and Developing the Guardian Mindset®.
Redefining Crisis: The 'Excited Delirium' Misnomer
In this episode, Attorney Eric Daigle provides a detailed exploration of “excited delirium,” a term with deep roots in law enforcement and medical fields, now facing significant scrutiny. He delves into its historical background, examines its medical and legal ramifications, and discusses the evolving perspectives on its use and legitimacy.
Key Points Discussed:
- Historical Context and Usage: Attorney Daigle covers the origin and development of ‘excited delirium’, its ties to law enforcement, and its relevance in notable cases such as those of George Floyd and Elijah McClain. This term, historically used to describe individuals in a state of extreme agitation, is now under scrutiny for its scientific validity and origins.
- Controversies and Challenges: The episode brings to light the growing controversy over ‘excited delirium’ and its questionable validity, as noted by organizations like the American Psychiatric Association.
- Training and Recognition: The episode emphasizes the critical need for law enforcement training in recognizing and appropriately responding to individuals in crisis, regardless of the terminology employed.
- Recommendations for Law Enforcement: Attorney Daigle offers practical guidance and suggestions for law enforcement in scenarios that might have been previously categorized as ‘excited delirium’, focusing on de-escalation techniques and medical interventions.
- Future Directions: The conversation concludes with thoughts on the future role of terms like ‘excited delirium’ in law enforcement and medical practices, proposing alternatives and underscoring the importance of continuous education and training.
Additional Resources:
Navigating the Public Duty Doctrine in Law Enforcement
In this compelling episode of the Guardian Mindset Podcast, Attorney Eric Daigle returns to further explore the intricate concept of duty of care in law enforcement, with a special focus on the public duty doctrine. Building on the foundations laid in our previous episode, this discussion delves deeper, intertwining legal theory with human perspectives to offer a comprehensive understanding of law enforcement responsibilities.
We begin by examining the delicate balance law enforcement officers must maintain in differentiating between subjects and suspects in both non-criminal and criminal situations. This episode takes a close look at landmark legal cases such as South vs Maryland, Warren vs District of Columbia, and Shaney vs Winnebago County, dissecting their impact on the duty of care in the field of law enforcement.
Our conversation then shifts to the complex interplay between the legal and moral duties of care for officers, especially when dealing with individuals who are incapacitated or suffering from mental health issues. Attorney Daigle provides insights into the challenges and potential liabilities officers face in their tactical decision-making processes.
A crucial part of this episode is dedicated to clarifying the often misunderstood distinction between a ‘suspect’ and a ‘subject’, and why grasping this difference is essential for law enforcement professionals. We wrap up the discussion by underlining the importance of protecting and assisting those in need, while simultaneously ensuring the safety of all parties involved.
Tune in for an enlightening session that not only sheds light on the legalities but also humanizes the complex decisions faced by law enforcement officers daily. Join us as we navigate these challenging yet vital issues that are fundamental to the role of every law enforcement officer.
Exploring the Duty of Care in Law Enforcement
Hosted by Attorney Eric Daigle, this episode of the Guardian Mindset Podcast offers a deep dive into the intricate landscape of duty of care in law enforcement. Attorney Daigle opens with a compelling analysis of the history of use of force, qualified immunity, and key Supreme Court cases, highlighting the critical importance of officers adhering to established laws.
The discussion explores essential questions surrounding the moral and legal obligations of law enforcement, particularly in crises like mental health emergencies and suicide threats. Drawing on real-life examples, the episode highlights a deputy initially charged with child abuse for hesitating during an active shooter situation, sparking a broader exploration into the historical aspects of use of force, qualified immunity, and recent Supreme Court cases that shape the legal landscape.
Shifting to the intersection of mental health and law enforcement, the episode conducts a thorough analysis of court cases, advocating for a joint approach to effectively assist individuals in crisis situations. The exploration extends to the use of force in medical cases, featuring an in-depth examination of two court cases and introducing the Hill Test as an evaluation tool for an officer’s use of force against non-criminal suspects.
The episode concludes by scrutinizing the legal and moral responsibility of law enforcement to act against individuals posing a threat to themselves and others. As a thought-provoking finale, the implications of mental health applications on law enforcement are explored, emphasizing the nuanced balance between legal and moral obligations.
Tune in for an insightful conversation that unveils the duty of care concept, navigates the evolving landscape of policing, and underscores the crucial guardianship role of law enforcement in preserving both legal standards and moral imperatives.
Wellness and Resilience in Law Enforcement
Today, we welcome Dr. Katherine Kuhlman to the Guardian Mindset podcast. As a distinguished police and public safety psychologist, Dr. Kuhlman brings a wealth of knowledge and expertise to our exploration of wellness and resilience in law enforcement.
Our discussion delves into the historical context of mental health within law enforcement, emphasizing the long-lasting impact of the “suck it up, buttercup” mindset in numerous departments.We shed light on the preventive measures that can act as anchors during times of crisis, such as the power of simple conversations and building direct contacts. Dr. Kuhlman articulates the importance of mental health support in law enforcement, debunking common misconceptions and emphasizing the crucial role of family support in an officer’s well-being. The episode concludes with a focus on self-care practices and resilience strategies for officers, showcasing the crucial role of mental health professionals in supporting those who protect our communities.
The Intersection of Use of Force and Human Factors
Ever contemplated the complexity of decision-making in high-stress, life-changing moments? In this compelling episode, we delve deep into the multifaceted realm of human factors in law enforcement, shedding light on how they directly shape the perceptions and responses of officers amidst life-altering, high-pressure situations. Join us as we unpack the importance of specialized training, the significance of networking in use of force investigations, and venture into the groundbreaking research conducted by Dr. Taylor.
Our discussion covers topics such as dispatch priming, muzzle position, and the seamless transition between tools used by officers in the field. From developing automatic response tactics to recognizing environmental stimuli, this episode will make you rethink how we perceive law enforcement, especially as it relates to use of force.
If you’re eager to hear more from the insightful Dr. Paul Taylor, don’t miss the opportunity to register for the Use of Force Summit. Dr. Taylor’s keynote, “The Impact of Human and Organizational Factors on Use of Force Investigations,” promises an enlightening exploration of how these factors can influence both investigators and the investigations themselves. Discover strategies to minimize potential biasing influences on these cases. Additionally, Dr. Taylor will be presenting on two other thought-provoking topics: “Perception-Response Times for OIS Investigations” and “Introduction to Interviews for Use of Force Investigations.” Join us for a comprehensive examination of this critical subject matter.
Climbing the Law Enforcement Ladder
In this captivating episode, we have the privilege of welcoming retired Chief Terri Wilfong, a trailblazing female leader in law enforcement, to share her incredible journey.
Terri’s story, starting from her humble beginnings in Kentucky and reaching the highest levels of law enforcement, is undeniably inspiring. Join us as Terri reflects on her experiences, from her very first day on the job to her remarkable rise to the position of Chief.
Our conversation with Chief Terri Wilfong (Ret.) goes beyond a mere recollection of her experiences; it’s a treasure trove of insights for anyone in a supervisory role. Her leadership style is centered around nurturing her team and fostering intellectual growth, making it a valuable masterclass for those in leadership positions.
Looking ahead, Terri provides her perspective on the ever-evolving landscape of law enforcement, sharing her observations on the changes she’s witnessed and offering guidance on how officers can navigate the current media scrutiny. This enlightening conversation is not to be missed.
From embracing passion in the job to building strong relationships, Terri’s wisdom is a beacon for those in, or aspiring to join law enforcement.
What is a Threat?
Does freedom of speech shield menacing threats? Or does the law have the right to step in when verbal threats instill fear and potential harm? We found ourselves in a labyrinth of these questions in our latest episode, guided by the landmark Supreme Court decision on Counterman versus Colorado. We unwind the intricate layers of defining a threat, especially in this digital age, where threats can be disguised behind the veil of anonymity. We weigh the subjective intent of the speaker against the objective perspective of a reasonable person and question which should hold more weight in legally certifying a threat.
There’s No One-Trick Pony
In this episode of the Guardian Mindset Podcast, Chief Liam Duggan joins host Attorney Eric Daigle for an engaging discussion on the future of law enforcement. Chief Duggan, who has recently assumed the role of chief, shares his insights and optimism about the profession.
The conversation begins with Chief Duggan reflecting on his transition into the new position and the invaluable support he received from his colleagues. They acknowledge the current challenges faced by law enforcement and commend the dedication of officers who choose to serve their communities.
Chief Duggan emphasizes the importance of adapting to the ever-changing environment and highlights the resilience and flexibility of law enforcement personnel. He discusses the advancements in technology that can enhance police operations and expresses enthusiasm about the opportunities they present.
The conversation also delves into the mindset of new officers and the significance of staying focused on the present. Chief Duggan believes that the majority of individuals entering law enforcement are service-minded and committed to performing their challenging duties exceptionally. He emphasizes the need for support, including adequate resources and adaptable legislation to address evolving circumstances.
Chief Duggan underscores the importance of character and competency in law enforcement, emphasizing the potential risks associated with lowering standards to meet recruitment quotas. He stresses the significance of acknowledging achievements and establishing accountability within police organizations, while also recognizing the need to support and cultivate future leaders.
Overall, the episode paints a positive outlook for the future of law enforcement, highlighting the unwavering dedication of officers and the potential for ongoing improvement and excellence in the profession. Chief Duggan’s steadfast commitment and belief in the excellence of law enforcement professionals serve as an inspiration to both current and future generations.
Keeping the Lens Focused: Adapting to Video Recording in Modern Policing
In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle discusses the intersection of freedom of speech and video recording in law enforcement. Attorney Daigle focuses on the First Amendment rights of citizens to record and live stream interactions with the police. He mentions a recent decision by the Fourth Circuit Court of Appeals that established the extent of First Amendment protections for recording and live-streaming officer interactions.
Attorney Eric Daigle provides historical background on the issue, starting with the landmark Glik decision in 2010, which recognized the citizen’s right to record police. He explains that First Amendment auditors, individuals who film law enforcement in public spaces, have become more common in recent years, often challenging police and seeking media exposure. Daigle discusses the challenges these encounters pose for law enforcement and offers recommendations for handling them.
He emphasizes that citizens have the constitutional right to record law enforcement officers as long as they are not interfering with their duties. However, he also highlights that there are limitations to this right, such as considerations of public safety and reasonable time, place, and manner restrictions.
Attorney Eric Daigle stresses the importance of maintaining courtesy, respect, and tact when interacting with First Amendment auditors or individuals recording police. He advises officers to be mindful of their own safety and the safety of others while ensuring compliance with constitutional guidelines. He also encourages agencies to have clear policies in place and provide training to officers on handling these situations.
Overall, the episode aims to provide insights and strategies for law enforcement professionals to navigate the complex landscape of freedom of speech and video recording in relation to policing.
Exploring the Science of Violence: A Conversation with GTD Scientific
In this podcast episode, Eric invites Geoffrey Thor Desmoulin Ph.D., R.Kin., P.L.Eng., Principal from GTD Scientific to discuss video analysis and its applications in various fields. He shares his educational background in kinesiology and engineering, which provides him with a unique perspective on analyzing injuries. He explains how his company combines engineering and life sciences to analyze the force that caused an injury and its magnitude.
Desmoulin emphasizes the importance of starting with the injury and using it to drive the analysis and testing process. The company also employs a feedback loop to ensure consistency with independent sources of information, such as case materials and scientific literature.
Desmoulin also shares his experiences in communicating technical concepts in court, especially when dealing with violence. He emphasizes the importance of using visual aids and limiting the number of concepts to three to explain arguments effectively.
The podcast concludes with Desmoulin highlighting how they used machine vision to analyze a video of a police shooting incident, highlighting the importance of shape recognition and algorithms for object identification. Listeners are encouraged to visit GTD Scientific’s website to learn more about video analysis and the company’s operations. Overall, the episode provides valuable insights into the intersection of engineering, life sciences, and video analysis in investigating incidents of violence.
Learn more about GTD Scientific: https://gtdscientific.com/
Lighthouse to the Community: Fostering Understanding Between Law Enforcement and the Public - Featuring FBI LEEDA Executive Director
This episode of the Guardian Mindset Podcast features guest Jacques Battiste, the newly appointed Executive Director of FBI LEEDA. Discussing the changing landscape of law enforcement and the need for smarter training and leadership, Executive Director Jacques Battiste talks about the mission of FBI LEEDA, the challenges in law enforcement, and the importance of being a leader.
Learn more about FBI LEEDA: https://fbileeda.org/
Training, Defensive Tactics, and the New Generation of Officers with Lt. Kevin Dillon (Ret.)
In this episode of The Guardian Mindset Podcast, Attorney Eric Daigle interviews Lieutenant Kevin Dillon (ret). Dillon discusses his background in law enforcement and how he developed the combative arrest control program called L.O.C.K.U.P. ® for the state of Connecticut.
Learn about Police Combat: https://www.policecombat.com/
The Truth in Perception: Examining the Impact of Body-Worn Cameras on Memory Recall with Paul Taylor PhD
Managing Public Protests: Navigating Complexity and Ensuring Preparedness with Spencer Fomby
Right for Civilians to Record Police with Attorney Mickey Osterreicher
Chief Kristen Ziman: Reimagining Blue
Vega v. Tekoh and Miranda Rights
Geofencing, Location Data, and Warrants
Attorney Eric Daigle returns to the studio to discuss geolocation data, how it works, and how geofencing is used both commercially and by law enforcement. Eric reviews guiding decisions such as Katz v. United States, Kyllo v. United States, and Carpenter v. United States to highlight the implications of geofencing and geofencing warrants on the Fourth Amendment and expectation of privacy.