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 Audits
The 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 Responsibilities
A 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 Relations
The 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 Implications
Several 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:

1. Legal foundations of First Amendment audits and citizen recording rights.
2. The necessity for law enforcement training to effectively manage auditors.
3. Recent case law that defines the scope of the right to record.

Quick Links:

• First Amendment Summit: 1ASummit.com
• Daigle Law Group: DaigleLawGroup.com

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/

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 Asphyxia
Dr. 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 Factors
Key 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 Positions
Dr. 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 Outcomes
Finally, 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.

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 attention to the intersection of these areas. Through this lens, Attorney Daigle provides agencies with practical evaluations and forward-looking recommendations to reduce risk and strengthen decision-making.

This publication is produced for general informational purposes only. It is distributed with the understanding that the publisher, Daigle Law Group, LLC, is not engaged in rendering legal or professional services. Although prepared by professionals, this content should not be relied upon as a substitute for legal or other professional advice. If such advice is required, the services of a qualified professional should be sought.

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 and expectations surrounding officer conduct call for proactive measures from law enforcement agencies. As discussions around duty to intervene and excessive force become more prominent, departments must cultivate a culture of accountability and rigorous training. Moreover, with emerging technologies like artificial intelligence in report writing, agencies should consider the implications of AI on officer accountability and legal perceptions, ensuring that human judgment remains central in assessing use of force incidents.

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

The Guardian Mindset Podcast is back with a critical conversation on Artificial Intelligence in Law Enforcement. Attorney Eric Daigle sits down with Attorney Joseph Race, an expert in policy and accreditation, to break down the real-world implications of AI in policing. From predictive analytics and real-time crime centers to the legal minefield of facial recognition, this episode tackles what’s coming, what’s at risk, and how agencies can stay ahead.

AI is here—but is your department ready for it? Tune in for a no-nonsense discussion on how smart policies, proper training, and transparency are the keys to leveraging AI without exposing your agency to legal and operational failures.

Listen now and stay ahead of the future of policing.

What You’ll Learn in This Episode:

• AI in Policing – How departments are already using AI in report writing, license plate readers, and crime analysis.
• Legal & Ethical Risks – Why one bad rollout could put AI tools—and your agency—in legal jeopardy.
• Facial Recognition: The Next Battleground – A single misstep could lead to nationwide bans.
• Policy & Training: The Non-Negotiables – Before deploying AI, your agency must have clear policies, oversight, and accountability.
• The ACLU & Public Trust – Why transparency matters before launching AI initiatives.
• AI & Report Writing – The serious risks of letting AI replace an officer’s perception in critical reports.

What’s Next? Continue your education with DLG Training, including our upcoming First Amendment Summit and Tech Summit on AI in Policing—giving you the knowledge and tools to keep your agency ahead of the curve. Stay informed, stay prepared, and stay ahead!

Key Takeaways:

1. Moment of Threat vs. Totality of Circumstances

• The Supreme Court is reviewing whether force should only be judged at the exact moment of threat or if prior officer actions that escalated the situation should also be considered.

• Review of foundational cases:
  • Tennessee v. Garner (1985) – Deadly force limitations.
  • Graham v. Connor (1989) – Objective reasonableness in use-of-force cases.
  • Kingsley v. Hendrickson (2015) – Application to corrections settings.
  • Lombardo v. St. Louis (2021) – Clarifications on totality of circumstances.

• The 5th Circuit upheld qualified immunity, stating that only the moment Felix was in danger should be considered—not the actions leading up to it.
• The Supreme Court is now reviewing whether courts must consider the officer’s entire decision-making process when analyzing excessive force cases.

• Backup & De-escalation: Call for support before escalating to deadly force.
• Avoid “Car Surfing”: Jumping onto moving vehicles creates officer jeopardy.
• Totality of Circumstances Matters: Courts may soon require a broader analysis of use-of-force decisions.
• Policy & Training Implications: Agencies may need to revise force policies and training curriculums if the Supreme Court sides with totality analysis.

Final Thoughts:

This case is a stark reminder that use-of-force decisions don’t happen in isolation—they are shaped by everything leading up to the moment of action. Officers must be proactive in using sound tactics and making legally defensible decisions to ensure their actions hold up under scrutiny. As we await the Supreme Court’s ruling, now is the time for law enforcement professionals to reflect. Whether the Supreme Court rules in favor of the moment of threat doctrine or shifts toward a totality of the circumstances approach, one thing remains clear: agencies should take this case as an opportunity to evaluate their training programs, reinforce de-escalation strategies, and emphasize the importance of avoiding officer-created jeopardy.

Resources:

• Officer Felix Dashcam Footage
• Barnes v. Felix, No. 22-20519 (5th Cir. 2024)
• Barnes v. Felix, No. 23-1239 (SCOTUS)

Welcome back to The Guardian Mindset Podcast with Attorney Eric Daigle. Kicking off 2025, this episode tackles the timely and controversial topic of geofence warrants. As technology continues to redefine modern policing, these powerful investigative tools raise critical questions about privacy, constitutional rights, and the future of law enforcement. Eric explores the evolving legal landscape, breaks down recent circuit court rulings, and discusses their implications for professionals navigating this complex intersection of technology and law.

Key Takeaways:

1. Impact of Geofence Warrants
   • Geofence warrants have significantly changed how criminal investigations are conducted.
   • They provide novel investigative avenues but also raise pressing concerns about constitutional protections.
2. Circuit Split and Constitutional Questions
   • The Fourth Circuit (Chatrie) upheld geofence warrants, emphasizing voluntary data sharing and limited expectations of privacy.
   • The Fifth Circuit (Smith) struck them down, citing Fourth Amendment violations and potential overreach.
   • These conflicting rulings could propel the issue to the Supreme Court for definitive guidance.
3. Balancing Public Safety with Privacy
   • Rapid technological advancements outpace existing legal frameworks.
   • Law enforcement professionals must stay informed and seek targeted legal advice when employing emerging technologies.

Final Thoughts:

As law enforcement professionals, it’s essential to remain aware of the evolving legal standards around modern policing tools. By seeking clear, actionable guidance from legal advisors and staying current on judicial trends, agencies can leverage technological innovations responsibly while honoring constitutional boundaries. Together, we can effectively balance public safety with privacy rights in an ever-evolving digital landscape. 

Referenced Topics and Resources:

• Supreme Court Decision: Carpenter v. United States (CSLI data and Fourth Amendment implications)
• Key Court Cases:
  • United States v. Chatrie, 107 F.4th 319 (4th Cir. 2024)
  • United States v. Smith, 110 F.4th 817 (5th Cir. 2024)

Key Topics:

1. The Role of Law Enforcement in Elections: Eric emphasizes the essential role law enforcement plays in ensuring free, fair, and secure elections. He stresses the importance of police in preserving democracy and managing safety around polling places.

2. Current Threat Landscape: Drawing from intelligence reports and updates from Homeland Security and the FBI, Eric discusses the rise in threats toward election officials, ballot dropbox sabotage, and swatting incidents, as well as the proactive measures law enforcement must take.

3. Training Initiatives: Georgia's groundbreaking mandate for election law training for police officers is highlighted as an important step in preparing officers to handle election-related incidents, with a focus on de-escalation and non-threatening conduct.

4. Legal Framework and Threats to Election Security: The episode dives deep into the balance between free speech and election security, referencing key Supreme Court cases like Brandenburg v. Ohio and Counterman v. Colorado, which outline how law enforcement should approach threats while respecting First Amendment rights.

5. Election Threats Task Force: Created by Attorney General Merrick Garland, this task force works alongside law enforcement to investigate and prosecute threats against election workers. Eric explains the challenges and limited scope of prosecutions due to concerns about free speech.

6. Best Practices for Law Enforcement Agencies: Eric provides actionable steps for law enforcement, including early planning, conducting tabletop exercises, fostering interagency collaboration, and supporting election officials with security assessments and recommendations.

Resources:

• Election Law Resource Page

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

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

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

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/

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#/

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.

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

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.

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, South Carolina after a seven-year tenure. As the Chief of Police, the agency was the first in the state of South Carolina to implement a Crisis Intervention Team. The agency of 250 persons is recognized as one of the top ten cities to live in the United States.

During 30 + years in law enforcement, she has previously served in the Jefferson County Sheriff’s Department, Kentucky State Police, and the Jefferson County Police Department. Terri was assigned to multiple units including Criminal Investigation, Internal Affairs, Accreditations Manager, and the Hostage Negotiations Team. In 2003, the Jefferson County Police Department and the Louisville Division of Police were merged into the new Louisville Metro Police Department. Terri was selected to serve as a Lieutenant Colonel in the first command staff of the Louisville Metro Police Department. She was assigned to the operations division including the Patrol Division, Specialty Divisions, and the Kentucky Derby.

She currently is a Master Instructor with the FBI-LEEDA teaching the Trilogy, Internal Affairs, and the Reflective Leadership. Terri is a Law Enforcement Consultant for Daigle Law Group with the responsibility of reviewing and revising law enforcement policies and procedures to maintain and reflect constitutional police practices regarding the use of force legal standards, training and investigations involving the use of force. She is a Law Enforcement Consultant for Lockup Police Training Systems and provides training in communication skills, evidence based active de-escalation strategies and Fair and impartial policing. Terri is a certified law enforcement trainer for the Department of Criminal Justice Training (DOCJT) in the Commonwealth of Kentucky

Terri works with National Public Safety Partnership (PSP). She is the Strategic Site Liaison Assigned to Richmond VA Police Department. The Expedited Delivery of Assistance as a DOJ-wide program is in the core areas: Criminal Justice Collaboration, Community Engagement, Crime Analysis, Gun Violence, Constitutional Policing, Federal Partnerships, Technology and investigations.

Terri currently serves as a member of a monitoring team that oversees the implementation of a Consent Decree by the Department of Justice (DOJ). The Decree requires several specific reforms aimed at ensuring effective, safe and constitutional policing is implemented into the law enforcement agency.

Terri has presented to the Use of Force Summit, IACP, Southern Police Institute, local government hearings and both public and private entities. Ms. Wilfong served as the IACP Chair of the Crime Prevention Committee and the Conference Committee. She has served as the National Secretary to the Southern Police Institute Alumni Associations

She has received the Liberty Award by the Greenville Bar Association, the YMCA Women of Achievement Award, the Breaking Class Ceiling Award from the National Center for Women and Policing and the Southern Police Institute Alumni Association Outstanding Performance Award.

Ms. Wilfong holds Bachelor's and Master's Degrees in Justice Administration, both from The University of Louisville. She is a graduate of the Southern Police Institute, 95th Administrative Officer's Course and served on the National SPIAA Executive Board.

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)

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. 

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 litigation and law enforcement operations consulting. Attorney Daigle also conducts training on use of force standards, including electronic control weapons and responses to force/deadly force incidents. Attorney Daigle acts in his capacity as a Law Enforcement Consultant providing guidance and oversight to department command staff on operations, force response, and risk management. He has served as an expert witness in use of force cases and has reviewed use of force incidents around the Attorney Daigle serves as a member of independent monitoring teams and acts as an auditor in reviewing police department organizational compliance with procedural revisions directed or overseen by the Federal court system.

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”. 

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.

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. 

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 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.

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

Find out more about Kristen and her book at: https://kristenziman.com/

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.

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.