In a recent case coming out of Capitol Hill, the Supreme Court issued a highly anticipated decision that grapples with retaliatory arrests, First Amendment freedoms, and the scope of the Nieves v. Bartlett “probable cause” exception. Gonzales v. Trevino reached […]
Silenced Speech: The Supreme Court and the Battle Over Retaliatory Arrests Continue Reading »
In recent developments regarding a First Amendment case that continues to be revisited, the Fifth Circuit Court of Appeals rendered its decision in the case of Villarreal v. City of Laredo. The crux of this case revolves around the critical
The Eight Circuit’s recent decision in Murphy v. Schmitt highlights the fine balance between the First Amendment right to free speech, retaliatory claims, unlawful detention, and the discretionary powers of law enforcement officers. The central conflict in this case stems
The Court of Appeals for the Second Circuit issued a decision in Friend v. Gasparino, a case that grapples with alleged violations of an individual’s First, Fourth, and Fourteenth Amendment rights following the arrest of citizen Michael Friend, for displaying
In United States v. Batara-Molina, the Tenth Circuit Court of Appeals addressed the issue of whether a traffic stop was unlawfully prolonged for a canine sniff lacking reasonable suspicion, in violation of the Fourth Amendment.1 Summary Wyoming Deputy Eric Coxbill
Traffic Stop Turmoil: Reasonable Suspicion Leads to Discovery of Illegal Drugs Continue Reading »
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
Supreme Court Ruling on Navigating the Line Between True Threats and Free Speech Continue Reading »
The recent case of Villarreal v. City of Laredo has brought attention to the First Amendment rights of citizens and the validity of qualified immunity to law enforcement officers.1 The U.S. Court of Appeals for the Fifth Circuit heard arguments
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
In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle and special guest Captain (Ret.) Spencer Fomby discuss managing public protests. You can listen and subscribe on Spotify and Apple Podcasts, or watch the video podcast recording below. Managing
Guardian Mindset Podcast: Managing Public Protests with Spencer Fomby Continue Reading »
This webinar will focus on protest response standards and the soon-to-be-released Public Order National Standards recommended by the National Tactical Officers Association (NTOA). The NTOA Public Order Section Chair, Spencer Fomby, and the NTOA Legal Section Chair, Attorney Eric Daigle,
Protest Response and Anticipated NTOA Public Order Standards Webinar Continue Reading »
The Complexities of Balancing Non-Lethal Force with First Amendment Rights 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
From Pepper Spray to Public Perception Continue Reading »
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
