Developing The Guardian Mindset®
Each month, Attorney Daigle delves into the history of law enforcement, the core principles that have shaped policing from the 20th century to today, and the evolution of the Guardian Mindset.
Predictive Policing and Public Trust — Where Do We Draw the Line?
In today’s ever-evolving law enforcement landscape, technology is not just a tool; it’s a strategic catalyst for accountability, efficiency, and public trust. A recent technology summit brought together a diverse panel of partners and police executives to dissect the implementation challenges and operational realities of modern policing technology—from body-worn cameras and license plate readers to AI-assisted transcription and investigative platforms. The conversation underscored a universal truth: success hinges on solving real problems, rigorous governance, and earning community trust thro…
Predictive Policing and Public Trust — Where Do We Draw the Line?
In today’s ever-evolving law enforcement landscape, technology is not just a tool; it’s a strategic catalyst for accountability, efficiency, and public trust. A recent technology summit brought together a diverse panel of partners and police executives to dissect the implementation challenges and operational realities of modern policing technology—from body-worn cameras and license plate readers to AI-assisted transcription and investigative platforms. The conversation underscored a universal truth: success hinges on solving real problems, rigorous governance, and earning community trust thro…
The Digital Guardian: Chatrie v. United States and the Future of Digital Policing
Technology is transforming policing faster than policy, training, and case law can keep pace. In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle examines the Supreme Court’s 2026 decision in Chatrie v. United States and what it means for geofence warrants, digital evidence, and the Fourth Amendment. The case began with a 2019 credit union robbery in Midlothian, Virginia. With no identified suspect, investigators obtained a geofence warrant requiring Google to provide location information for cell phones near the credit union around the time of the crime. That process ultima…
Geofence Warrants and the Fourth Amendment: What Chatrie v. United States Means for Law Enforcement
Chatrie v. United States Key Takwaways: Technology is advancing faster than the law. Law enforcement leaders should anticipate evolving Fourth Amendment standards around geofence warrants, Google location data, and other digital investigative tools. Geofence warrants raise major questions about particularity, voluntariness, probable cause, and privacy. Courts remain divided on whether these warrants amount to a Fourth Amendment search. The traditional Third-Party Doctrine from cases like United States v. Miller and Smith v. Maryland is now being tested against modern privacy expectations shap…
Understanding First Amendment Audits
This episode delves into the intricate relationship between law enforcement and citizens exercising their rights. With an increasing number of First Amendment audits, police agencies are forced to reassess their policies, training, and overall approach to public interactions. Key Takeaways Core Points: First Amendment audits have gained attention since 2011 and involve citizens recording police activities, emphasizing the right to record in public spaces. Agencies must ensure clear policies, effective training, and supervision to address First Amendment audits and protect constitutional right…
SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana
This episode of the Guardian Mindset Podcast with Attorney Eric Daigle breaks down the Supreme Court’s Case v. Montana decision and what it means for welfare checks, mental health calls, and warrantless entry into a home. Learn when officers can act without a warrant and how to apply the emergency aid exception the right way. Legal Standards for Emergency Aid Entry The recent Supreme Court case, Case v. Montana, examined whether law enforcement could enter a home without a warrant based on less than probable cause regarding an emergency. The court held that officers may do so if they possess …
Understanding the Risks and Realities of Prone Restraint Deaths
The Guardian Mindset Podcast, hosted by Attorney Eric Daigle, discusses the critical issues surrounding prone restraint deaths, moving beyond outdated notions of positional asphyxia to focus on metabolic acidosis and its implications. This episode’s guest, Geoffrey Thor Desmoulin, Ph.D., R.Kin., P.L.Eng., of GTD Scientific, emphasizes the need to recognize the complexities of physiology, biomechanics, and the law when addressing these incidents. Key Takeaways: The concept of positional asphyxia is outdated; metabolic acidosis is a more relevant explanation for prone restraint deaths. Officers…
The 2026 Supreme Court Briefing for Patrol Officers and Supervisors
In this episode, we break down several major Supreme Court cases headed into 2026 that could reshape law enforcement practices and Second Amendment enforcement, from warrantless home entries during emergencies to firearm restrictions on private property and drug-related gun bans. We’ll explain what’s at stake, what officers need to watch for, and how to protect cases through clear documentation and sound decision-making as the law continues to evolve. Continue your education on the DLG Learning Center Key Takeaways The Supreme Court is reviewing several key cases that may impact law enforceme…
Officer Created Jeopardy in Use-of-Force Analysis
This episode of the Guardian Mindset Podcast was recorded live as the opening keynote at the 2025 Use of Force Summit, setting the tone for a critical discussion on how modern courts, communities, and agencies evaluate police use of force. The episode examines the growing legal and operational focus on Officer Created Jeopardy and why decisions made well before force is used are now central to accountability, training, and liability. Drawing from emerging case law, including Barnes v. Felix, this session challenges law enforcement leaders, trainers, and officers to rethink how tactics, policy…
Predictive Policing and Public Trust: Where Do We Draw the Line?
This segment from the Daigle Law Group Technology Summit 2025 introduces a panel discussion that highlights collaboration and shared learning across the law enforcement and public safety community. The speaker emphasizes the value of hosting this annual event for the past four years as a way to foster conversations among professionals with different perspectives, while also showcasing strategic partnerships with organizations that support the field.The discussion sets the tone by underscoring that partnerships are not just symbolic, but practical opportunities to learn from one another and ad…
Protest Response, Puente v. Phoenix & the Shocks the Conscience Test
In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle dives deep into the critical legal issues shaping modern protest response tactics. Broadcasting from Dallas, Daigle walks through the Ninth Circuit’s decision in Puente v. City of Phoenix, a pivotal case arising from a 2017 protest at a Trump rally. This case is more than a legal ruling—it’s a training roadmap for law enforcement navigating First, Fourth, and Fourteenth Amendment obligations during high-tension demonstrations. What You’ll Learn in This Episode: How Puente v. Phoenix defines the limits of force in crowd cont…
AI in Law Enforcement: Innovation, Risk, and the Road Ahead
The Future of AI in Law Enforcement The Guardian Mindset Podcast is back with a critical conversation on Artificial Intelligence in Law Enforcement. Attorney Eric Daigle sits down with Attorney Joseph Race, an expert in policy and accreditation, to break down the real-world implications of AI in policing. From predictive analytics and real-time crime centers to the legal minefield of facial recognition, this episode tackles what’s coming, what’s at risk, and how agencies can stay ahead. AI is here—but is your department ready for it? Tune in for a no-nonsense discussion on how smart policies,…
The Critical Case of Barnes v. Felix
In this episode, Attorney Eric Daigle dives into Barnes v. Felix, a crucial Supreme Court case with significant implications for law enforcement professionals. The case, currently under review after oral argument on January 22, 2025, addresses the use of deadly force, the totality of the circumstances standard, and the moment of threat doctrine. Daigle provides an in-depth legal breakdown, discusses how the ruling could reshape police training and policies, and offers practical takeaways for officers handling high-pressure situations. Key Takeaways: Moment of Threat vs. Totality of Circumstan…
The Complexities of Geofence Warrants: Privacy vs. Public Safety
Episode Summary: Welcome back to The Guardian Mindset Podcast with Attorney Eric Daigle. Kicking off 2025, this episode tackles the timely and controversial topic of geofence warrants. As technology continues to redefine modern policing, these powerful investigative tools raise critical questions about privacy, constitutional rights, and the future of law enforcement. Eric explores the evolving legal landscape, breaks down recent circuit court rulings, and discusses their implications for professionals navigating this complex intersection of technology and law. Key Takeaways: Impact of Geofen…
Election Law & Law Enforcement
In this episode, Eric tackles the hot topic of election law as we approach the November 2024 elections. Eric took the time to address the critical intersection of law enforcement and community safety during elections. Key Topics: The Role of Law Enforcement in Elections: Eric emphasizes the essential role law enforcement plays in ensuring free, fair, and secure elections. He stresses the importance of police in preserving democracy and managing safety around polling places. Current Threat Landscape: Drawing from intelligence reports and updates from Homeland Security and the FBI, Eric discuss…
Duty, Honor, Community: Conversations on Modern Leadership
Show Notes: In this special 4th of July episode, attorney Eric Daigle is joined by his son, Captain Matthew Daigle, and daughter-in-law, Jennifer Daigle. They discuss the importance of family, integrity, and commitment within both the military and civilian law enforcement sectors. Highlights include: Matthew's Journey: From West Point to his experiences as a captain in the U.S. Army, Matthew shares insights on the Cadet Honor Code and the crucial role of NCOs on the battlefield. Leadership and Integrity: The discussion delves into effective leadership, emphasizing the values of integrity and …
The “Artificial” Officer’s Dilemma: Balancing Intelligence with Integrity in Law Enforcement
Show Notes: In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle delves into the complex and evolving role of artificial intelligence in law enforcement. Highlighting a DLG Legal Update published in early 2024 on the 'Artificial Officers Dilemma,' Attorney Daigle discusses the balance between intelligence and integrity in policing. He examines AI's potential impact on various law enforcement functions such as predictive analytics, facial recognition, and report writing, while also addressing ethical concerns, privacy issues, and the necessity for clear guidelines and proactiv…
Leadership and Mentorship in Law Enforcement with Chief Donna McNamara
Show Notes: In this episode of the Guardian Mindset Podcast, Host Attorney Eric Daigle sits down with Chief Donna McNamara of the Stoughton Police Department, Massachusetts. They discuss her extensive career, leadership philosophy, and the evolution of mentorship in law enforcement. Key Topics: Introduction and Background: Chief Donna McNamara's career journey, starting in 1996 with the Norfolk County Sheriff's Office and her rise through the ranks in the Stoughton Police Department. Her educational background, including a Master’s degree in Criminal Justice from Curry College and a Bachelor’…
Law Enforcement Insights with 'Blue Bloods' Star Gregory Jbara
Episode Overview: In this engaging episode of the Guardian Mindset podcast, host Attorney Eric Daigle catches up with Gregory Jbara at the FBI LEEDA 2024 Annual Executive Training Conference. Known for his role in the popular TV series "Blue Bloods" and his recent appearance in a major film, Greg shares insights from his unique position at the intersection of entertainment and law enforcement. Highlights of the Episode: FBI LEEDA Conference Insights: Greg talks about his experience at the FBI LEEDA Executive Training Conference, detailing how the event deepened his connection with the law enf…
Redefining Crisis: The 'Excited Delirium' Misnomer
Episode Overview: 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.…
Navigating the Public Duty Doctrine in Law Enforcement
Episode Summary: 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…
Exploring the Duty of Care in Law Enforcement
Episode Summary: 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…
Wellness and Resilience in Law Enforcement
Episode Summary: 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 conversation takes us back to the history of mental health in the folds of law enforcement, highlighting the deep-rooted mantra of "suck it up, buttercup" and its lingering influence in many departments. We shed light on the preventive measures that can act as anchors during times of crisis, such as the power of simple con…
The Intersection of Use of Force and Human Factors
Episode Summary: 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, mu…
Climbing the Law Enforcement Ladder
Episode Summary: 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 fo…
What is a Threat?
EPISODE SUMMARY: 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 w…
There’s No One-Trick Pony
EPISODE SUMMARY: 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 …
Keeping the Lens Focused: Adapting to Video Recording in Modern Policing
Episode Summary: 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, whi…
Exploring the Science of Violence: A Conversation with GTD Scientific
Episode Summary In this podcast episode, Eric invites Geoffrey Desmoulin 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 con…
Lighthouse to the Community: Fostering Understanding Between Law Enforcement and the Public - Featuring FBI LEEDA Executive Director
Episode Summary: 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. The main topics discussed in this podcast episode are: Building community trust and rapport, problem-solving, and shifting from a warrior to a guardian relationship with the community. The importance o…
Training, Defensive Tactics, and the New Generation of Officers with Lt. Kevin Dillon (Ret.)
Episode Summary: 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. Topics Discussed in this Episode: The challenges of defensive tactics training and the importance of time-tested skillsets. Various issues related to police training, including the importance of creating realistic training scenarios, tailored training programs, and role-playing to help retain training info…
The Truth in Perception: Examining the Impact of Body-Worn Cameras on Memory Recall
Episode Summary Examining the Impact of Body-Worn Cameras on Memory Recall Introduction: In this episode of the Guardian Mindset Podcast, Eric welcomes Dr. Paul Taylor, an experienced law enforcement research and training expert, back to the show to delve into the contentious issue of whether officers should watch video footage before writing their use-of-force reports. Dr. Taylor's expertise in the field offers invaluable insights into this complex topic. The podcast offers unique perspectives from legal and physiological experts, inviting listeners to think critically about this important t…
Managing Public Protests: Navigating Complexity and Ensuring Preparedness with Captain Spencer Fomby (Ret.)
Managing Public Protests: Navigating Complexity and Ensuring Preparedness Episode Summary: In this free episode of the Guardian Mindset Podcast, Attorney Eric Daigle and special guest Captain (Ret.) Spencer Fomby discuss the intricacies of managing public protests. Topics Discussed in this Episode: The complexities of managing public protests. The critical role of comprehensive training for officers and civilian leaders. The importance of appropriate equipment and policies in place. The significance of experienced commanders who can make crucial decisions in real-time. The need for a region…
Right for Civilians to Record Police with Attorney Mickey Osterreicher
Recording police has become a contentious issue in recent years, as civilians seek to hold law enforcement accountable for their actions. In this podcast episode, we explore the right of civilians to record police encounters, and how this practice can help promote transparency and justice. Our guest, Mickey Osterreicher, an attorney and advocate for First Amendment rights, shares his insights and expertise on the legal aspects of recording police, including tips for staying safe and effective while doing so. We discuss the importance of citizen journalism, the role of social media in amplifyi…
Chief Kristen Ziman: Reimagining Blue
Eric sits down with Kristen Ziman, now retired Chief of Aurora, Illinois and author of Reimagining Blue: Thoughts on Life, Leadership, and a New Way Forward in Policing. The two share a candid discussion on how Kristen navigated through a 30-year career as a female in law enforcement, her progression to the rank of Chief, and how changes and challenges she has experienced in the profession led to her book, Reimagining Blue. Find out more about Kristen and her book at: https://kristenziman.com/
Vega v. Tekoh and Miranda Rights
Eric dives into the U.S. Supreme Court's 6-3 ruling in Vega v. Tekoh. The Supreme Court held that an officer's failure to issue Miranda warnings does not solely provide basis for 42 U.S.C. § 1983 claims against police. This episode will highlight the background of Miranda, how the June 23rd, 2022 ruling impacts law enforcement, and what this means for Miranda procedures during arrests.
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.
ShotSpotter and Terry Stops
Continuing with the subject of technology, Attorney Eric Daigle reviews the DC Circuit Court of Appeals decision in United States v. Chauncey Jones (2021). This case involves use of the Shotspotter gunshot detection system to justify a Terry stop, and Jones' appeal to suppress evidence of a firearm found through the stop.
US v. Faruq Rose and the Fourth Amendment
This week, Attorney Daigle reviews the Fourth Circuit Court of Appeals case, US v. Faruq Rose. The case involves a Fourth Amendment claim to suppress evidence of cocaine found through a search of packages addressed to a deceased person.
ALPRs and Expectation of Privacy
In this segment, Attorney Daigle continues the discussion on technology by reviewing the 9th Circuit case, United States v. Yang. This case provides some guidance on expectation of privacy in relation to automated license plate readers and the Vigilant Solutions LEARN (Law Enforcement Archival Reporting Network) program.
Technology, Privacy, and Search & Seizure
This week, Attorney Eric Daigle dives into the guiding principles and challenges surrounding technology in search and seizure applications. U.S. Supreme Court cases Carpenter v. United States, City of Ontario v. Quon, and United States v. Jones are reviewed.
Clearly Established Law
In this week's edition of the podcast, Eric responds to a listener's request for clarity on clearly established law and discusses Hyde v. City of Wilcox out of the 9th Circuit Court of Appeals.
Leadership and Management with Chief Tom Stone
Eric interviews Chief Tom Stone (ret.) on his four decades of experience in public safety, focusing on his involvement as a founding member, president, and later executive director of FBI - LEEDA, Inc. While at FBI-LEEDA, Chief Stone conceptualized and developed their Leadership and Management program.
Fighting Words and the First Amendment
In this segment, Eric reviews Supreme Court rulings on fighting words and how the concept has been defined and interpreted. Fighting words are written or spoken words intended to incite hatred or violence from their target - how should law enforcement officers respond when confronted with these?
The Three Aspects of Traffic Stops
This week, Eric discusses the guiding principles and trends of traffic stops through reviewing the cases United States v. Rodriguez, United States v. Goodwill, and United States v. Cole.
Thompson v. Clark
Attorney Daigle reviews the U.S. Supreme Court's recent decision in Thompson v. Clark and how it will impact the process of arrest and following litigation. The case's underlying issue is a fourth amendment claim under 42 USC section 1983 for malicious prosecution.
Success Mentality and Leadership Development with Liam Duggan
Commander Liam Duggan joins Eric to discuss cultural change within departments through leadership and meeting challenges with a success mentality. Duggan is an investigative/administrative commander for the Prior Lake MN Police Department, and specializes in human performance factors analysis, training force options, firearms, arrest and control, and leadership development.
First Amendment Retaliation Claims
Eric reviews the US Supreme Court cases of Lozman v. City of Riviera Beach and Nieves v. Bartlett to highlight the challenges of First Amendment retaliation claims and how these may impact law enforcement operations.
Watching the Video and UOF Reports
The question of whether or not involved officers should watch video evidence prior to conducting a use of force report or providing a statement has long been debated. This week, Attorney Daigle delves into this topic and addresses the effects and impacts that watching the video may have.
Retaking the Narrative
In this episode, Eric examines the actions and efforts of General William Westmoreland during the Vietnam War as an example of evaluation and refinement of the standards of service, and how that applies to retaking the narrative of law enforcement.
Intervention and Bystander Liability Challenges with Greg Meyer
Eric sits down with retired Los Angeles police captain and expert witness Greg Meyer to discuss the trial of former Minneapolis Police Officer Thomas Lane, one of the officers involved in the death of George Floyd. Meyer served as a use-of-force expert in the defense of Lane, who was charged with and convicted of deliberate indifference to Floyd's medical needs.
First Amendment Auditors
A first amendment audit is a form of activism where an individual seeks to exercise their first amendment rights. In this episode, Eric reviews the contemporary challenges that first amendment auditors may present to law enforcement personnel in the performance of their duties, and offers a few approaches to handle these situations without infringing on first amendment rights.
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