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Daigle Law Group

 

Flower in Sunlight

Free Webinar

Protest Response and Anticipated NTOA Public Order Standards

March 15, 2023 at 2:00 PM EST

During this webinar, you will receive an overview of the following topics:

  • Review legal and policy standards for protest response by your agency.

  • Review the anticipated NTOA Public Order National Standards

  • Review planning, equipping and training your agency on Protest response.

Guardian Mindset Podcasts HERE

Daigle Law Legal Updates
 

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Exigent Circumstances When Handling Electronics
March 14, 2023

In United States v. Meyer, the Eighth Circuit Court of Appeals considers a case that examines the application of exigent circumstances when handling electronics. This case delves into the rules and exceptions that apply when law enforcement officers seek to enter a home and search for evidence without first obtaining a warrant. 

Capturing the Truth...
February 20, 2023

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. 

Always Follow the Suspect Holding Their Phone
January 31, 2023

The Eleventh Circuit case of United States v. Sanchez involved a warrant for the seizure of a cell phone. The court cited Riley v. California, which held that a person has a reasonable expectation of privacy in the data contained in their cell phone, including the call log.

 

From Pepper Spray to Public Perception
March 6, 2023

An often-overlooked issue in the context of law enforcement is the concern over potential violations of individual’s First Amendment rights to freedom of speech and assembly. Police Departments around the Nation have faced widespread criticism and legal condemnation for their use of crowd control tactics in response to protests and large public gatherings.

Balancing Training Innovations...
February 14, 2023

The best way to combat “custom” is through the implementation of clear policies, comprehensive training on those policies, and close and effective supervision. To this end, innovations in law enforcement training have benefited and will continue to benefit departments. 

"Kettling" and Keeping the Peace
January 26, 2023

Baude v. Leyshock from the Eighth Circuit has a lot of legal issues that we have discussed and a new term that we have not, which is “kettling.” First let’s start with what we have discussed before: our case today brings to question excessive use of force during a protest. 

 

Consent to Search Granted, Then Taken Away
February 28, 2023

The recent case from the Seventh Circuit, United States v. Jones, raises important questions about Fourth Amendment rights and consent to search. The case involved an arrest warrant that led to a consensual search, ultimately revealing a hidden firearm.

The Failure of Supervision
February 7, 2023

The death of Tyre Nichols on January 7, 2023, is a tragedy that resulted from being severely beaten by five officers from the Memphis Police Department. The tragedy is compounded by the fact that it was entirely preventable.

 

Witness's Change of Story...
January 10, 2023

The case of Gambrel v. Knox County, 25 F.4th 391 (6th Cir. 2022) brings to light the complex issue of qualified immunity and the use of deadly force by law enforcement. 

 

The Vital Role of the First Amendment in Law Enforcement

The First Amendment guarantees freedoms of religion, expression, assembly, and petition. Its implications on Law Enforcement and Corrections Operations have been addressed by the Supreme Court in recent years. Do you have proper policies and effective training for First Amendment activities?


First Amendment Legal Updates:

Training Resources:

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