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by Attorney Eric Daigle
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- 2 weeks ago39 min
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 shaped by Carpenter v. United States. The key legal tension is whether location data shared with a company like Google should be treated like ordinary business records or as deeply revealing digital information that deserves stronger constitutional protection. Supreme Court scrutiny of geofence warrants may lead to stricter requirements for law enforcement, including narrower timeframes, tighter geographic limits, stronger probable cause articulation, and step-by-step minimization procedures. For law enforcement, the practical takeaway is clear: avoid broad digital searches, work closely with prosecutors, document the investigative need, and make every warrant as particularized as possible. Ongoing education is essential. Agencies need to stay ahead of emerging technology, changing court standards, and the legal risks tied to digital evidence collection. Learn more at DLGLearningCenter.com. Geofence Warrants and Fourth Amendment Tensions This episode focuses on Chatrie v. United States, a major geofence warrant case involving Google location data, digital privacy, and the Fourth Amendment. The case began with a bank robbery investigation where a detective obtained a geofence warrant for Google location data within a defined area around the crime scene. That data eventually helped identify the suspect. The legal issue is whether the government can collect location data from multiple users within a geofence and then narrow the results later. That question creates a major Fourth Amendment concern: does this type of warrant allow the government to search first and justify later? The episode explains why geofence warrants create tension between investigative needs and constitutional protections. Even when the government obtains a warrant, the warrant must still satisfy the Fourth Amendment’s requirements of probable cause and particularity. The concern is that a geofence warrant may sweep in data from people who were merely near a crime but had no connection to it. Foundational Doctrines and Modern Technology The episode walks through the major Supreme Court cases shaping this issue, including United States v. Miller, Smith v. Maryland, and Carpenter v. United States. Miller and Smith form the foundation of the Third-Party Doctrine. Under that doctrine, information voluntarily shared with a third party, such as a bank or telephone company, may lose Fourth Amendment protection. The government argues that Google location data falls into that same category because users voluntarily share location information with Google. But Carpenter complicates that analysis. In Carpenter, the Supreme Court recognized that modern cell phone location data can reveal deeply personal details about a person’s life and movements. The Court required stronger Fourth Amendment protection for historical cell-site location information. That creates the central conflict in Chatire: should geofence location data be treated like ordinary third-party business records, or should it receive stronger privacy protection because of how revealing modern digital tracking... Chapters - The Problem With Technology and Warrant - Smith vs. Maryland, Fourth Amendment - Fourth Amendment issues in Google data search - The Google Geofence Warrant case - Does the Carpenter Extension Extend to Digital Communications? - Geofence Warrant Oral Argument
- Mar 24, 202648 min
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 rights. The legal principle of “clearly established law” underscores the importance of training personnel on the rights related to recording police. Courts have ruled that recording police is a protected activity, though reasonable restrictions apply for public safety. Ongoing engagement with community relations and transparent policies can improve interactions with First Amendment auditors and the public. Summary First Amendment AuditsThe Guardian Mindset Podcast discusses the growing issue of First Amendment audits, where citizens exercise their right to record police activity. This phenomenon has been prevalent since around 2011, but its implications are still being understood across various regions. The speaker emphasizes that agencies must recognize the importance of this trend and prepare their personnel through clear policies and effective training to navigate these audits successfully. Legal Framework and ResponsibilitiesA critical aspect of this discussion is the concept of “clearly established law,” which serves as a guiding principle for law enforcement in terms of constitutional rights, particularly regarding recording activities. The speaker notes that qualified immunity has faced challenges, particularly in the wake of movements for police reform. Agencies must ensure that their employees are aware of these rights and held accountable for upholding them. Training and Community RelationsThe podcast highlights the need for agencies to focus on effective training that includes First Amendment rights, as this area has often been overlooked in standard training agendas. The importance of maintaining positive community relations is also underscored, as officers need to approach interactions with First Amendment auditors with respect and professionalism. Encouraging transparency and ethical conduct can foster better relationships with the community. Court Cases and ImplicationsSeveral court cases illustrate the legal precedents surrounding the right to record. For example, the Glick case established that citizens have a right to film police performing their duties in public spaces, while subsequent cases have further clarified the parameters of this right. It is essential for law enforcement to understand that their actions must align with these judicial rulings, which affirm the public’s rights to record and the limitations that apply in certain contexts for safety. Highlights: Legal foundations of First Amendment audits and citizen recording rights. The necessity for law enforcement training to effectively manage auditors. Recent case law that defines the scope of the right to record. Quick Links: First Amendment Summit: 1ASummit.com Daigle Law Group: DaigleLawGroup.com Chapters - First Amendment audits - Qualified Immunity in Municipal Matters - First Amendment Auditors: Customs, Pattern and Practice - Law Enforcement and Legal Advisers - The First Amendment Audit - First Amendment Auditors: Who Are They and How to Deal with - Citizen's Right to Record Law Enforcement - Additional Thoughts on Video Recording by Police Officers - First Amendment Summit: Don't Interview Witnesses, Complaints, and - First Amendment Auditors Conference
- Feb 13, 202625 min
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 an objectively reasonable belief that an occupant is in serious danger or needs assistance. This ruling clarifies the Fourth Amendment’s emergency aid exception, reinforcing that a reasonable basis standard suffices, thus diverging from a probable cause requirement typically seen in criminal contexts. Implications for Law Enforcement This decision has significant implications for law enforcement’s response to welfare checks, mental health crises, and other emergencies. It emphasizes the importance of acting swiftly when a reasonable belief of imminent danger exists. The case underscores the need for officers to be equipped with adequate training and policies that address emergency situations. Officers should document the rationale for their entry and ensure their actions remain focused solely on resolving the emergency without infringing on the Fourth Amendment rights regarding unwarranted searches. Policy and Practice Recommendations To comply with this ruling, police departments should revise their policies to state that officers can enter a residence without a warrant when they have specific and articulable facts indicating a person is in danger or requires aid. Officers must limit their actions to the emergency at hand and avoid using such entries as a means to conduct general searches for evidence. Documentation of all relevant factors surrounding the incident is crucial, including the emergency’s nature and how it was resolved. Additionally, enhancing collaboration with mental health professionals during crisis responses is recommended to improve outcomes for individuals in distress. Core Points: The Supreme Court clarified that officers can enter a home without a warrant if they have an objectively reasonable belief that someone is seriously injured or in imminent danger. The emergency aid exception does not require probable cause but a reasonable basis for belief in an emergency situation. Officers must document specific facts indicating an emergency, the source of information, and actions taken upon entry. The court emphasized that entries must be limited to addressing the emergency and cannot be used as a pretext for criminal investigations. Police agencies should update policies to align with the clarified standards and incorporate proper training for handling welfare checks and mental health crisis calls. Continue Your Education: https://dlglearningcenter.com/scotus-affirms-standard-for-emergency-aid-entry-into-the-home-in-case-v-montana/ Chapters - Fourth Amendment Emergency Aid Case - Exigent circumstances search under the Fourth Amendment - Supreme Court: Warrantless Entry Into a Home Without a Warrant - Emergency Entry Rule
- Jan 23, 202641 min
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 should recognize key risk factors such as obesity, drug use, anxiety, and prolonged struggle to identify individuals at risk. Time is critical; quicker restraints can mitigate risks associated with metabolic acidosis. Recovery positions should be encouraged, but sitting up is optimal for breathing efficiency. Collaboration between law enforcement, medical personnel, and researchers is essential for effective training and response protocols. Metabolic Acidosis vs. Positional AsphyxiaDr. Desmoulin explains that metabolic acidosis, characterized by the buildup of carbon dioxide in the body, is a more accurate explanation for deaths during prone restraint. This condition arises when individuals struggle against restraint, inhibiting their ability to breathe efficiently. He points out that conventional beliefs about weight on the back being inconsequential are misguided, as the physiological realities on the ground differ significantly from research findings. Identifying Risk FactorsKey risk factors for officers to recognize include obesity, drug use, anxiety, and prolonged struggle. The podcast highlights that these factors compound the risk of deterioration in restrained individuals. The discussion underscores the importance of early recognition of these signs, advocating for a swift response that prioritizes medical assistance when necessary. The Importance of Time and Recovery PositionsDr. Desmoulin stresses the critical nature of time in managing restrained individuals. The faster officers can restrain a subject and transition them to a recovery position, ideally sitting up, the better their chances of preventing a metabolic crisis. While recovery positions are useful, sitting upright is deemed most effective for breathing. Collaboration for Better OutcomesFinally, the conversation highlights the need for law enforcement agencies to collaborate with medical professionals and researchers. This partnership is vital for developing training protocols that ensure officers are equipped to handle individuals in crisis effectively. By improving communication and understanding across these fields, they can enhance public safety and reduce the tragic outcomes associated with prone restraint incidents. Chapters - Guardian Mindset: Posed Restraint Deaths - Deadliest Warrior: The Law Enforcement Host - The Use of Force: Explained - What Do Most People Get Wrong About Praying Deaths? - metabolic acidosis - Risk Factors for Police on the Street - Obesity and prone Restraint - Critical Variables in Point Restraint - Why Does Continuing to Struggle After Cuffing Matter? - The Use of Force in Custody - Discipline in the Police Training
- Jan 8, 202628 min
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 enforcement procedures and Second Amendment rights in 2026. One significant case involves warrantless home entry during emergencies, raising questions about the level of certainty required for police intervention. Another case examines the legality of prohibiting licensed handgun carriers from bringing guns onto private property without express permission. A Third case addresses the Second Amendment implications of federal laws banning gun possession for habitual drug users. Law enforcement should document emergency facts meticulously, distinguish between trespass and firearm laws, and build strong cases for prosecution regarding drug use and gun possession. Summary Warrantless Home Entry One of the most pressing cases on the Supreme Court’s docket involves warrantless home entry during emergency and welfare checks. This case questions how certain law enforcement must be regarding an emergency before entering a home without a warrant, focusing on the “emergency aid exception.” The core issue is whether a mere reasonable suspicion is enough for entry or if probable cause is required. This case’s outcome could significantly affect how officers respond to emergency situations, emphasizing the importance of documenting emergency facts and ensuring that entries remain narrowly tied to the circumstances. Gun Carrying on Private Property Another crucial case is Wilford v. Lopez, which scrutinizes Hawaii’s law that prohibits individuals from carrying firearms onto private property without the owner’s consent. The challengers argue this restriction violates Second Amendment rights. The Supreme Court’s decision could either reinforce states’ abilities to regulate firearm possession or limit such regulations. This ruling will directly impact law enforcement’s ability to enforce firearm restrictions in public areas and private properties, necessitating clear communication of current laws to officers and proper training on distinguishing between criminal trespass and lawful gun possession. Drug Use and Gun Possession The Supreme Court will also hear a case concerning the prohibition of firearm possession for habitual drug users. This case stems from a ruling that found the law potentially unconstitutional. Should the Court side with the challenger, it could eliminate significant barriers for certain individuals in possessing firearms, fundamentally altering the legal landscape surrounding gun ownership and drug use. For law enforcement, this necessitates thorough documentation of drug use patterns and timing in relation to gun possession, emphasizing the importance of a well-supported case for prosecution. These cases highlight the evolving legal challenges faced by law enforcement, urging officers to stay informed and prepared to adapt to potential changes in the law as they unfold in 2026. --------- About Daigle Law Group Attorney Daigle focuses on evaluating and providing policy guidance and training on areas of increased liability for law enforcement agencies nationwide. His work emphasizes current trends in legal standards, operational practices, and community expectations, with particular... Chapters - Welcome to 2026 - Upcoming Supreme Court Cases - Case Spotlight: Warrantless Home Entry - Guidance for Emergency Entries - Second Amendment Challenges - Gun Possession and Drug Use - Building a Strong Case - Looking Ahead: Hot Topics for 2026
- Dec 16, 20251h 8m
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, and real-world practice must align under the Totality of the Circumstances standard—and the consequences when they do not. Continue your education at the DLG Learning Center with upcoming training programs. Key Takeaways Core Concept: Officer Created Jeopardy is a crucial concept affecting use of force analysis, emphasizing the need for accountability in police training and tactics. Legal Precedents: Cases like Barnes v. Felix highlight the importance of assessing all circumstances leading to force use, including officer behavior and decisions. Training and Practice: Agencies must ensure training translates effectively into practice; failure to do so can lead to litigation challenges and accountability issues. Totality of the Circumstances: This approach is gaining traction in courts, requiring a thorough examination of events before and after a force incident. Policy Updates: Policies surrounding use of force should be regularly updated to reflect current practices, especially in relation to mental health responses and traffic stops. Detailed Summary Officer Created Jeopardy The concept of Officer Created Jeopardy is gaining prominence in the analysis of police use of force. This principle suggests that officers must be held accountable for the risks they create through their actions leading up to an incident. Trainers are encouraged to ensure that the skills imparted to officers are effectively implemented in real situations. The accountability aspect of training has become increasingly significant, particularly in the context of litigation where officers’ decisions and adherence to training will be scrutinized. Legal Precedents and Their Implications The recent case of Barnes v. Felix illustrates the importance of evaluating the totality of circumstances surrounding a use of force incident. This legal framework requires courts to consider not only the immediate actions of officers but also the events that preceded those actions. This principle underscores the need for law enforcement agencies to assess their training programs rigorously and ensure they equip officers to handle situations effectively without escalating them unnecessarily. The emphasis on a holistic view of force incidents highlights the necessity for departments to focus on the tactics employed by officers prior to force application. Training and Policy Updates The discussion further stresses the importance of updating use of force policies to align with evolving legal standards and community expectations. Agencies should continuously review their training and operational policies, particularly in areas like mental health responses and emergency interventions, to ensure they are comprehensive and effective. As the legal landscape shifts, officers must be prepared to demonstrate adherence to these policies in high-pressure situations to avoid liability and uphold community trust. Future Considerations The evolving legal interpretations...
- Aug 19, 20251h 19m
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 address evolving challenges together. By bringing in partners and key law enforcement representatives, the summit creates a platform for collective problem-solving and innovation in technology, policy, and public safety practices.
- Apr 10, 202538 min
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 control Why the use of pepper balls and tear gas didn’t qualify as a "seizure" What the “Shocks the Conscience” standard means for fast-moving protests First Amendment obligations during “unlawful assembly” declarations How planning, policy, and training helped officers maintain qualified immunity The real-world consequences of unprofessional conduct—like commemorative coins gone wrong
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