Attorney Joseph Race joins Eric for the Daigle Law Group Accreditation 101 webinar. The webinar is a broad overview of law enforcement accreditation for department members at any level. For Accreditation Managers, this will be a review of a process that you are well aware; for CEOs and command staff, this will provide information regarding the full extent of your current or future accreditation endeavors. Watch the full webinar here.

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.

At the 2021 Use of Force Summit, Attorney Eric Atstupenas sits down with Eric to discuss the current challenges facing law enforcement agencies related to bystander liability and the duty to intervene.

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/

Eric is joined by consultant and friend, Chief Terri Wilfong (Retired). The two discuss the significance of careers in law enforcement, leadership, and how the profession has changed and continues to change under the challenging circumstances and uncertainty of today.

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.

Attorney Eric Daigle reviews police reform legislation across the United States, the prospective changes to use of force standards as a result, and how these reforms relate to the guiding decisions of Graham v. Connor and Tennessee v. Garner.

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?

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. 

Attorney Daigle reviews the U.S. Supreme Court decisions in Lozman v. City of Riviera Beach and Nieves v. Bartlett to highlight some of the challenges facing law enforcement in relation to the First Amendment.

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. 

Lieutenant Kevin Dillon (Retired) joins Eric in the studio to discuss the reporting and tracking of use of force, and where those practices need to be improved. Lt. Dillon is a 26 year veteran police officer and the founder of L.O.C.K.U.P. police training system.

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. 

Eric welcomes use of force expert and co-founder of Force Science Insititute, Dr. William Lewinksi, to the show. The two cover Dr. Lewinski's career in psychology and use of force, and discuss the role of human performance factors in the profession and in recent use of force cases. 

Dr. Lewinski is the co-founder and executive director of the Force Science Institute. He is a leading behavioral scientist whose work has focused on the intensive study of human dynamics involved in high stress, life-threatening encounters. He has a Ph.D. in Police Psychology and is a professor emeritus of Law Enforcement at Minnesota State University, Mankato, where he taught for more than 28 years, was an L.E. Program Director and also chair of the Department of Government.

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.

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.

Eric speaks with guest Lewis "Von" Kliem (MCJ, JD, LLM) of Force Science Institute about his extensive career in law enforcement as an officer as well as an attorney and educator. The two cover trends, challenges, and changes in law enforcement, improving professionalism and practices, and understanding human performance factors.

Attorney Eric Daigle covers the doctrine of qualified immunity, including its history, application, and interpretation through the years, with a focus on how it is now being challenged in the courts.

Attorney Eric Daigle continues his review of qualified immunity and the impact of October’s SCOTUS decisions.

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.

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.

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.

Eric sits down with fellow instructor and friend Paul Butler to explore approaches to leadership and the key elements of team building. Paul is a renowned speaker who draws from his 27 year-career as a law enforcement professional to provide unique experience and perspective on attitude empowerment, service, and what it means to be a leader. Visit www.paul-butler.com to learn more about Paul and his mission.

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.

Eric discusses the rights of journalists and guidelines for the current challenges of police and press relations with expert Attorney Mickey Osterreicher, general counsel for the National Press Photographers Association (NPPA). Attorney Osterriecher has worked extensively as an advisor on public recording of police and has instructed at IACP and NSA training conferences, as well as DLG Use of Force and First Amendment summits.

Captain Aaron Jones, Esq. (Cincinnati Police Department, IACP Legal Officers Section Vice Chair) joins Eric to discuss the opportunities and challenges that careers in law enforcement present, and how law enforcement has changed over the course of his 23-year career.

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. 

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.

Eric welcomes Dr. Paul Taylor onto the Guardian Mindset Podcast to discuss his experience working in law enforcement and considerations for improving practices and outcomes. Dr. Taylor, an assistant professor of criminal justice at the University of Colorado Denver, has over 10 years of practical law enforcement experience, and now specializes in research on police decision-making and human error in the context of use-of-force encounters.

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.

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.

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. 

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 amplifying police misconduct, and the potential impact of recording on police accountability and reform. Whether you are a concerned citizen or a member of law enforcement, this podcast will provide valuable perspectives on the power of recording to create a more just and transparent society.

Note: This podcast was originally recorded in late 2022. The information about the First Amendment is more relevant today than ever before.

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 regional response plan and collaboration between different agencies.
• Utilizing resources like after-action reports and industry guidelines to enhance preparedness and response to public protests.

Resources:

• Get in Contact with Spencer 
• Follow Spencer on LinkedIn
• Follow DLG on LinkedIn
• Learn more about the DLG Learning Center
• Continue Your Education with a Curated Path to Stay Up-to-Date
• Training Built for Supervisors & Command 

About the Guest:

Captain (Ret.) Spencer Fomby is the former director of the Boise Police Department Training, Education, and Development Division. He was previously employed by the Berkeley Police Department for 20 years. He has held primary assignments in patrol, narcotics, and crime prevention. He was assigned to SWAT for 18 years as an entry team member, team leader, and tactical commander.

Captain (Ret.) Fomby is a certified instructor in the following disciplines: firearms (pistol, shotgun, and carbine), weaponless defense, impact weapons, Peacekeeper RCB, Gracie Survival Tactics Level 1, active shooter response, ALICE, chemical agents, NFDD, sting balls, 40 mm launcher, FN 303, shoot house and tactical de-escalation. He has created two CA POST approved de-escalation courses. He is also a tactical instructor for the National Tactical Officers Association (NTOA), where he teaches Police Counter Ambush, Advanced Response Police Officer (ARPO), and Policing Political Protests. Captain (Ret.) Fomby was the lead Berkeley Police Department public order instructor. He was responsible for equipment selection, tactical training, less-lethal weapon selection, chemical agent selection and deployment, and mission planning.

Captain (Ret.) Fomby has been recognized as a subject matter expert in police tactics and works on several national projects. He is the section chair for the National Tactical Officers Association Public Order Section. He is assigned to a National Institute of Justice Special Technical Committee on crowd control equipment. He is an SME in crowd control equipment and tactics for DHS First Responder Resource Group. He is an SME in active shooter response for the International Association of Chiefs of Police Collaborative Reform Initiative Technical Assistance Center (CRI-TAC).

Captain (Ret.) Fomby was the 2011 Berkeley Police Department Officer of the Year. He was the team leader of the 2013 Urban Shield SWAT Competition first place team. He is also a Visiting Fellow in Police Science at the University of Derby, U.K. Captain (Ret.) Fomby earned a Bachelor of Arts degree in Administration of Justice from Howard University.

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 topic. Overall, this episode is a must-listen for anyone interested in the nuances of law enforcement and the utilization of body-worn cameras.

Topics Discussed in this Episode:

• Whether officers should watch video footage before writing their use-of-force reports.
• The impact of body-worn cameras on officers' memory recall.
• The risks associated with watching videos before writing reports.
• The limitations of body-worn cameras.
• A recent Supreme Court decision related to the use of body-worn cameras.
• How video footage is used against police officers in court.

Resources:

• What Happened to the Perception of the Officer?: https://dlglearningcenter.com/what-happened-to-the-perception-of-the-officer/
• Follow Paul on LinkedIn: https://www.linkedin.com/in/paul-taylor-phd-845670101/
• Association of Force Investigators: https://www.forceinvestigators.com/
• Follow DLG on LinkedIn: https://www.linkedin.com/company/daigle-law-group-llc/
• Learn more about the DLG Learning Center: https://dlglearningcenter.com/Continue Your Education with a Curated Path to Stay Up to Date: https://dlglearningcenter.com/path-single/
• Training Built for Supervisors & Command: https://dlglearningcenter.com/supervisor-continuing-education-program/

About the Guest

Paul Taylor, Ph.D. Paul Taylor is an Assistant Professor in the School of Public Affairs at the University of Colorado Denver where he studies decision-making, human factors, and system safety in the context of police interactions with the public. He is also the founder and lead instructor for the Association of Force Investigators (AFI). Dr. Taylor has over ten years of practical law enforcement experience including time as a department training manager, patrol sergeant, and use-of-force instructor. He has delivered law enforcement related instruction for academy, field training, and advanced in-service audiences as well as graduate and undergraduate level courses. Dr. Taylor is actively engaged in law enforcement research and training across the United States and internationally.

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 information.
• The importance of de-escalation in use of force policies, with a clear definition of de-escalation and the cognitive limitations of active diffusion.
• Quantifying efforts to create a positive perception of law enforcement.
• The challenges faced by police officers in use-of-force incidents, including the need for multiple officers and the impact of fear on their performance.

Resources:

• Learn about Police Combat
• Register Now: Active De-Escalation Strategies
• Follow DLG on LinkedIn
• Learn more about the DLG Learning Center
• Continue Your Education with a Curated Path to Stay Up to Date
• Training Built for Supervisors & Command

About the Guest:

Lt. Kevin F. Dillon (ret) is a twenty-five-year veteran law enforcement officer and international law enforcement speaker and trainer. As an instructor of use of force, communications and defensive tactics since 1988, Lieutenant Dillon has developed the internationally recognized L.O.C.K.U.P. ® Arrest and Control System. L.O.C.K.U.P. ® is a comprehensive approach, based on gross motor skill concepts, that actually reduces injuries to citizens and police officers. Lt. Dillon also developed the L.E.A.D.S.-Law Enforcement Active De-escalation Strategies curriculum course in 2007 which is also a nationally recognized communications program. It has been presented to officers throughout the country. Lt.  Dillon, a highly sought-after speaker and trainer in use of force analysis and has trained and consulted civilian and law enforcement use of force issues and programs throughout North America and Europe. Lt. Dillon has trained over 25,000 officers! 

Lt. Dillon has just received the FBI National Academy Associates Science and Innovation Award of 2022 for the development and instruction of L.O.C.K.U.P. and L.E.A.D.S. . The committee voted unanimously as L.O.C.K.U.P. and L.E.A.D.S. is the only DT system they found that is NOT just technique based but on the innovation of quantifying and development of Arrest and Control along with the L.E.A.D.S. de-escalation integration and interleaving. 

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 of human capital development and recognizing the catalysts driving issues in law enforcement.
• Balancing work and personal life, owning up to mistakes, dealing with media and social pressure, and the impact of bitterness and hatred in law enforcement.

Tune in to gain insights into the changing landscape of law enforcement and the ways in which policing can continue to evolve to better serve their communities.

Resources:

• Learn more about FBI-LEEDA
• Follow DLG on LinkedIn
• Learn more about the DLG Learning Center
• Training Built for Supervisors & Command

About the Guest

Jacques S. Battiste retired from the Federal Bureau of Investigation, where he accumulated more than 22 years of experience as a Supervisory Special Agent. During his tenure at the FBI, Battiste worked internationally to conduct investigations on terrorism suspects, responded to critical incidents such as the 1996 Centennial Park bombings in Atlanta, Georgia, and USS Cole attack, and served as lead agent on several national security special events in the Washington, DC metropolitan area.

Battiste brings wide-ranging experience. He served as a program manager in the FBI Counterterrorism Division Africa Fusion Cell, and oversaw intelligence analysts developing strategies to defeat terrorism in North and West Africa. 

He is a trained bomb technician, deploying to high-risk locations around the world to dismantle hazardous devices and Weapons of Mass Destruction, and has also served on the Rapid Deployment and SWAT teams. 

He served as a Deputy Constable/Training & Tactical Coordinator for the Orleans Constables Office 1st City Court in New Orleans.

Additionally, he previously served as the Chief of Police for Glynn County Police Department, Glynn County, GA.

Jacques S. Battiste currently serves as the newly appointed Executive Director of FBI-LEEDA.

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 consistency with independent sources of information, such as case materials and scientific literature. 

Desmoulin also shares his experiences in communicating technical concepts in court, especially when dealing with violence. He emphasizes the importance of using visual aids and limiting the number of concepts to three to explain arguments effectively.

The podcast concludes with Desmoulin highlighting how they used machine vision to analyze a video of a police shooting incident, highlighting the importance of shape recognition and algorithms for object identification. Listeners are encouraged to visit GTD Scientific's website to learn more about video analysis and the company's operations. Overall, the episode provides valuable insights into the intersection of engineering, life sciences, and video analysis in investigating incidents of violence.

Resources

• Learn more about GTD Scientific
• Science of Violence Training Series
• Follow DLG on LinkedIn
• Learn more about the DLG Learning Center
• Training Built for Supervisors & Command

About the Guest: Geoffrey Thor Desmoulin Ph.D., R.Kin., P.L.Eng., Principal

Dr. Desmoulin is the Principal of GTD Scientific Inc.  GTD offers Biomechanical Consulting Services on behalf of clients throughout North America, as well as abroad.  Focused practice areas include Injury Biomechanics, Incident Reconstruction, and Physical Testing with a sub-specialty in the Science of Violence®. GTD has been retained in significant complex injury litigation cases involving municipal police department use of force, violent encounters, and TASER International to name just a few examples.  Furthermore, landmark testing and shooting reconstruction methodology developed by Dr. Desmoulin was recently upheld as reliable and admissible by the U.S. Federal District Court for the 9th District of California.  This methodology has now been published in the International Journal of Forensic Engineering entitled “Application of biomechanical modeling to police shooting reconstruction”. 

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, which recognized the citizen's right to record police. He explains that First Amendment auditors, individuals who film law enforcement in public spaces, have become more common in recent years, often challenging police and seeking media exposure. Daigle discusses the challenges these encounters pose for law enforcement and offers recommendations for handling them.

He emphasizes that citizens have the constitutional right to record law enforcement officers as long as they are not interfering with their duties. However, he also highlights that there are limitations to this right, such as considerations of public safety and reasonable time, place, and manner restrictions.

Attorney Eric Daigle stresses the importance of maintaining courtesy, respect, and tact when interacting with First Amendment auditors or individuals recording police. He advises officers to be mindful of their own safety and the safety of others while ensuring compliance with constitutional guidelines. He also encourages agencies to have clear policies in place and provide training to officers on handling these situations.

Overall, the episode aims to provide insights and strategies for law enforcement professionals to navigate the complex landscape of freedom of speech and video recording in relation to policing.

The main topics discussed in this episode of the Guardian Mindset Podcast by attorney Eric Daigle are:

• Navigating the intersection of freedom of speech and video recording in law enforcement.

• Reviewing laws regarding recording police and the issues related to recording police interactions.

• The Fourth Circuit Court of Appeals' decision on the First Amendment right to live stream officer interactions.

• The rights of First Amendment auditors and their challenges to law enforcement.

• The First Amendment rights of citizens to record law enforcement officers in public spaces.

• The Glik v. Cunniffe case and its significance in establishing the right to record police.

• Recommendations for law enforcement agencies in dealing with First Amendment auditors and civilians who have the right to film.

• Time, place, and manner restrictions on the right to film police.

• Balancing public safety considerations with First Amendment rights.

• Strategies for officers in maintaining courtesy, respect, and tactfulness during encounters with auditors.

• Officers' duty to ensure officer safety and respond to illegal activity.

Resources: 

• Follow DLG on LinkedIn
• Follow Attorney Eric Daigle on LinkedIn
• DLG First Amendment Legal Updates
• Training Built for Supervisors & Command

About the Host:

Attorney Eric P. Daigle

Attorney Eric Daigle specializes in Civil Rights li...

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 emphasizes the importance of adapting to the ever-changing environment and highlights the resilience and flexibility of law enforcement personnel. He discusses the advancements in technology that can enhance police operations and expresses enthusiasm about the opportunities they present.

The conversation also delves into the mindset of new officers and the significance of staying focused on the present. Chief Duggan believes that the majority of individuals entering law enforcement are service-minded and committed to performing their challenging duties exceptionally. He emphasizes the need for support, including adequate resources and adaptable legislation to address evolving circumstances.

Chief Duggan underscores the importance of character and competency in law enforcement, emphasizing the potential risks associated with lowering standards to meet recruitment quotas. He stresses the significance of acknowledging achievements and establishing accountability within police organizations, while also recognizing the need to support and cultivate future leaders.

Overall, the episode paints a positive outlook for the future of law enforcement, highlighting the unwavering dedication of officers and the potential for ongoing improvement and excellence in the profession. Chief Duggan's steadfast commitment and belief in the excellence of law enforcement professionals serve as an inspiration to both current and future generations.

RESOURCES:

• Follow DLG on LinkedIn
• Follow Attorney Eric Daigle on LinkedIn
• Training Built for Supervisors & Command

ABOUT THE GUEST:

His career began in 1997 with the Burnsville (MN) Police Department before being hired by the St. Paul Police Department 2011 and now the metro area suburb of Prior Lake. Chief Duggan has served in leadership roles for investigations, patrol, vice/narcotics, SWAT, undercover operations, and training. Chief Duggan has a BS in Law Enforcement and is a graduate of the Northwestern School of Staff and Command. He is one of only two police officers in the world accepted to graduate studies in Human Factors and Safety Systems study through Lund University in Sweden. He serves on the board of Advisors for the National Law Enforcement Firearms Instructors Association and as the Director of Training and Development for the Special Operations Training Association. Chief Duggan is a Sr. National instructor for Calibre Press, LouKa Tactical and KFD Consulting and specializes in human performance factors analysis, training force options, firearms, arrest and control, and leadership development. Additionally, he is a certified Advanced Specialist in the Behavioral Analysis of Force Encounters through the Force Science Institute and consults as an expert witness in use-of-force incidents and policing best practices at the Federal and State levels. 

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 weight in legally certifying a threat.

RESOURCES:

• Follow DLG on LinkedIn
• Follow Attorney Eric Daigle on LinkedIn
• Training Built for Supervisors & Command
• Perez v. Florida (2017)

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 for anyone in a supervisory role. Her leadership style is centered around nurturing her team and fostering intellectual growth, making it a valuable masterclass for those in leadership positions.

Looking ahead, Terri provides her perspective on the ever-evolving landscape of law enforcement, sharing her observations on the changes she's witnessed and offering guidance on how officers can navigate the current media scrutiny. This enlightening conversation is not to be missed.

From embracing passion in the job to building strong relationships, Terri's wisdom is a beacon for those in, or aspiring to join law enforcement.

Resources: 

• Follow DLG on LinkedIn
• Follow Attorney Eric Daigle on LinkedIn
• Learn more about the DLG Learning Center
• Don't miss this golden opportunity to receive leadership training directly from Chief Wilfong (Ret.). Our training program is tailored for supervisors and command personnel, offering valuable insights and expertise to help you excel in your role. Join us today: Training Built for Supervisors & Command

About the Guest: 

Terri Wilfong served as the Chief of Police in the City of Greenville, S...

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, muzzle position, and the seamless transition between tools used by officers in the field. From developing automatic response tactics to recognizing environmental stimuli, this episode will make you rethink how we perceive law enforcement, especially as it relates to use of force.

If you're eager to hear more from the insightful Dr. Paul Taylor, don't miss the opportunity to register for the Use of Force Summit. Dr. Taylor's keynote, "The Impact of Human and Organizational Factors on Use of Force Investigations," promises an enlightening exploration of how these factors can influence both investigators and the investigations themselves. Discover strategies to minimize potential biasing influences on these cases. Additionally, Dr. Taylor will be presenting on two other thought-provoking topics: "Perception-Response Times for OIS Investigations" and "Introduction to Interviews for Use of Force Investigations." Join us for a comprehensive examination of this critical subject matter.

Resources: 

• Register for the Use of Force Summit
• Learn more about the UOF 2023 Keynote Sessions
• Follow Paul on LinkedIn
• Association of Force Investigators 

About the Guest

Paul Taylor, Ph.D.

Paul Taylor is an Assistant Professor in the School of Public Affairs at the University of Colorado Denver where he studies decision-making, human factors, and system safety in the context of police interactions with the public. He is also the founder and lead instructor for the Association of Force Investigators (AFI). Dr. Taylor has over ten years of practical law enforcement experience including time as a department training manager, patrol sergeant, and use-of-force instructor. He has delivered law enforcement related instruction for academy, field training, and advanced in-service audiences as well as graduate and undergraduate level courses. Dr. Taylor is actively engaged in law enforcement research and training across the United States and internationally.

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 conversations and building direct contacts. Dr. Kuhlman articulates the importance of mental health support in law enforcement, debunking common misconceptions and emphasizing the crucial role of family support in an officer’s well-being. The episode concludes with a focus on self-care practices and resilience strategies for officers, showcasing the crucial role of mental health professionals in supporting those who protect our communities.

About the Guest:

Dr. Katherine (Katie)  Kuhlman, ABPP, is a board-certified psychologist in Police and Public Safety Psychology, and has expertise in the treatment of PTSD, depression, anxiety, and general life stressors. She has worked since 2014 providing services to first responders and their family members, truly understanding the unique stressors inherent in these occupations. She has presented nationally on wellness issues related to law enforcement, as well as school safety. She served as a subject matter expert on traumatic stress on the Colorado Governor's Expert Emergency Epidemic Response Committee prior to moving to Arizona. Dr. Kuhlman has responded and provided debriefing services to critical incidents including officer-involved shootings, suicides, line-of-duty deaths, and mass shootings. Understanding trauma, keeping schools and workplaces safe, and helping first responders are her true passions.

Resources: 

• More about Dr.Kuhlman 
• Follow Dr.Kuhlman on LinkedIn
• Register for the Use of Force Summit
• Follow DLG on LinkedIn
• Follow Attorney Eric Daigle on LinkedIn

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, the episode highlights a deputy initially charged with child abuse for hesitating during an active shooter situation, sparking a broader exploration into the historical aspects of use of force, qualified immunity, and recent Supreme Court cases that shape the legal landscape.

Shifting to the intersection of mental health and law enforcement, the episode conducts a thorough analysis of court cases, advocating for a joint approach to effectively assist individuals in crisis situations. The exploration extends to the use of force in medical cases, featuring an in-depth examination of two court cases and introducing the Hill Test as an evaluation tool for an officer's use of force against non-criminal suspects.

The episode concludes by scrutinizing the legal and moral responsibility of law enforcement to act against individuals posing a threat to themselves and others. As a thought-provoking finale, the implications of mental health applications on law enforcement are explored, emphasizing the nuanced balance between legal and moral obligations.

Tune in for an insightful conversation that unveils the duty of care concept, navigates the evolving landscape of policing, and underscores the crucial guardianship role of law enforcement in preserving both legal standards and moral imperatives.

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:

1. 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. This term, historically used to describe individuals in a state of extreme agitation, is now under scrutiny for its scientific validity and origins.
2. Controversies and Challenges: The episode brings to light the growing controversy over 'excited delirium' and its questionable validity, as noted by organizations like the American Psychiatric Association.
3. Training and Recognition: The episode emphasizes the critical need for law enforcement training in recognizing and appropriately responding to individuals in crisis, regardless of the terminology employed.
4. Recommendations for Law Enforcement: Attorney Daigle offers practical guidance and suggestions for law enforcement in scenarios that might have been previously categorized as 'excited delirium', focusing on de-escalation techniques and medical interventions.
5. Future Directions: The conversation concludes with thoughts on the future role of terms like 'excited delirium' in law enforcement and medical practices, proposing alternatives and underscoring the importance of continuous education and training.

Additional Resources: 

• https://www.forcescience.com/tag/excited-delirium/
• https://www.ipicd.com/articles.html#/

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 enforcement community.
• Entertainment and Law Enforcement: Greg discusses his role in "Blue Bloods" and how it parallels real-world law enforcement issues, highlighting the impact of his work on public perception and law enforcement relations.
• Personal Anecdotes: Greg shares personal stories that show the deep respect and appreciation he has developed for law enforcement through his roles and real-life interactions.
• Community and Law Enforcement: The conversation also touches on the critical topic of community relations and the importance of mutual respect and understanding between the public and law enforcement.

About the Guest:

Gregory Jbara began his undergraduate studies at the University of Michigan with a minor in physics and a major in communications. By his second year he was enrolled as a theatre major and his third year was a founding inaugural class member of the renowned University of Michigan Musical Theatre Department. He also co-founded the still flourishing Impact (Jazz) Dance Company through the University Activities Center.

He transferred to The Juilliard School where he completed his BFA in acting in 1986.

The fall of his fourth year of training at Juilliard he was selected to join five other acting students to represent the Drama Division performing live on the televised 80th anniversary celebration of the Juilliard School, “PBS Live From Lincoln Center: Juilliard at 80”.

He remained a New York resident through December of 1997. Born and raised in suburban Detroit, Jbara now resides with his wife Julie and their sons Zachary and Aidan in Los Angeles.

Learn more about Gregory Jbara: https://www.gregoryjbara.com/

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’s degree from Westfield State University.
• Leadership and Mentorship:
  • The importance of mentorship for female officers and the challenges faced by women in law enforcement.
  • Chief McNamara's efforts to create a supportive environment for new officers, emphasizing communication skills and de-escalation techniques learned during her time as a corrections officer.
• Career Development:
  • The significance of lateral moves within the department to gain diverse experiences.
  • The role of professional development programs and certifications in shaping her career and preparing for leadership roles.
• Community and Technology:
  • The evolving relationship between law enforcement and communities, especially in the wake of significant events.
  • The future of policing, including the integration of AI and other technologies to address staffing challenges.
• Highlights of Chief McNamara’s Year as President of FBI-LEEDA:
  • Representing the organization at the Candlelight Vigil and the leadership conference in Dubai.
  • Insights into Dubai's advanced policing technologies and the potential benefits of international law enforcement collaborations.

About our Guest:

Chief Donna McNamara began her criminal justice career in 1996 with the Norfolk County Sheriff’s Office as a Deputy Sheriff/ Corrections Officer in the County House of Correction. McNamara was hired by the Stoughton Police Department in 2001 as a Police Officer. She has served in various positions within the organization including Detective, Patrol Sergeant and Lieutenant before her appointment to Interim Chief.  Chief McNamara was appointed in 2017 as the permanent Chief of Police for the Stoughton Police Department, a Massachusetts Accredited Police Agency.

Chief McNamara earned a Master’s Degree in Criminal Justice from Curry College.  She also received a Bachelor of Science in Criminal Justice from Westfield State University.

Chief McNamara was the recipient of the FBI-LEEDA Trilogy Award in 2014. She has continued to pursue extensive professional development by attending the Police Executive Research Reform (PERF) Senior Management Institute Session 65.

She has attended the Harvard Kennedy School Executive Education Women and Power: Leadership in a New World, as well as the International Association of Chiefs of Police Women’s Leadership Institute and the New England Law Enforcement Executive Development Seminar.

Additional Resources:

• FBI-LEEDA: https://www.fbileeda.org

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 proactive policies. Featuring insights from leading figures and research, the podcast emphasizes the importance of assessing both the benefits and risks of AI technologies in upholding constitutional rights and maintaining law enforcement integrity.

Legal Update: The ‘Artificial’ Officer’s Dilemma: Balancing Intelligence with Integrity in Law Enforcement

DLG Technology Summit 2024

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 accountability.
• Training and Accountability: Eric ties these lessons to current challenges in law enforcement, stressing the importance of training, accountability, and pride in service.
• Military and Law Enforcement Values: The conversation covers the significance of continuous learning, discipline, and honest communication in both professions.

Amid personal anecdotes and reflections, this episode offers valuable insights on fostering professionalism and excellence in high-stakes environments. Tune in to understand how these principles can be applied to enhance operational effectiveness and community service.

About the Guest:

Captain Matthew Daigle is a distinguished officer in the United States Army Military Police. With a career marked by dedication and exemplary service, Captain Daigle has demonstrated exceptional leadership and commitment to the safety and security of military personnel and facilities.

Captain Daigle graduated from the West Point Military Academy in 2019. He has served as a Platoon Leader in the 23rd MP CO, 91st MP BN, 16th MP BDE, Executive Officer in the headquarters and headquarters detachment, 91st MP BN, 16th MP BDE, and is currently serving as the Current Operations Officer in the 759th MP BN, 89th MP BDE.

He has undergone rigorous training and deeply understands military law, enforcement procedures, and security protocols. Captain Daigle has been recognized throughout his tenure for his strategic thinking, problem-solving abilities, and unwavering dedication to duty, making him a respected leader within the Military Police Corps. His contributions have significantly enhanced his units' operational effectiveness and morale, embodying the U.S. Army's core values.

Resources:

Duty, Honor, and Community: Westmoreland and Taking Back the Narrative