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Eric Daigle

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Articles•by Eric Daigle•September 1, 2025

Point of Law: The Limits of Electronic Searches

Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”

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Articles•by Eric Daigle•December 19, 2024

Point of Law: Traffic Stops and Tough Questions

Can officers ask about parole status during a stop without violating the Fourth Amendment?

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Articles•by Eric Daigle•December 17, 2024

Point of Law: Vehicle Impoundment, Inventory Searches, and the Fourth Amendment

United States v. Ramos serves as a reminder for officers about the possible challenges that may arise when invoking an exception to the Fourth Amendment’s warrant requirement.

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Articles•by Eric Daigle•March 8, 2024

Point of Law: The Duty of Care in Law Enforcement

Officers need to understand the important difference between moral obligation and legal duty.

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Articles•by Eric Daigle•September 13, 2023

Point of Law: Policing Open Carry

A woman carried a rifle fixed with a bayonet into a public park, leading to 911 calls, deputies making an arrest, and a lawsuit.

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Articles•by Eric Daigle•July 7, 2023

Point of Law: Mouthy Detainees and Excessive Force

In Johnson v. City of Miami Beach, the Eleventh Circuit Court of Appeals let a plaintiff sue an officer for striking him while in custody and secure.

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Articles•by Eric Daigle•June 13, 2023

Point of Law: Fleeing Drivers and Use of Force

The Sixth Circuit Court of Appeals recently ruled on whether officers can use deadly force to stop a suspect from driving away in some circumstances.

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Articles•by Eric Daigle•March 1, 2023

Point of Law: What the Kobe Bryant Trial Means for Police

“I live in fear every day of being on social media and these (photos) popping up,” Vanessa Bryant testified. “I live in fear of my daughters being on social media and these popping up.”

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Articles•by Eric Daigle•January 3, 2023

Point of Law: Involuntary Statements During Interrogation

An Eighth Circuit case hinged on whether a suspect could be questioned while under pain meds in the hospital.

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Articles•by Eric Daigle•December 1, 2022

Point of Law: Pepper Spray and Unreasonable Force

Officers using pepper spray have to be able to justify that use of force under Graham v. Connor.

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