Guardian Mindset Podcast

• Protest Response, Puente v. Phoenix & the Shocks the Conscience Test

  In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle dives deep into the critical legal issues shaping modern protest response tactics. Broadcasting from Dallas, Daigle walks through the Ninth Circuit’s decision in Puente v. City of Phoenix, a pivotal case arising from a 2017 protest at a Trump rally. This case is more than a legal ruling—it’s a training roadmap for law enforcement navigating First, Fourth, and Fourteenth Amendment obligations during high-tension demonstrations. What You’ll Learn in This Episode: How Puente v. Phoenix defines the limits of force in crowd control Why the use of pepper balls and tear gas didn’t qualify as a "seizure" What the “Shocks the Conscience” standard means for fast-moving protests First Amendment obligations during “unlawful assembly” declarations How planning, policy, and training helped officers maintain qualified immunity The real-world consequences of unprofessional conduct—like commemorative coins gone wrong

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• AI in Law Enforcement: Innovation, Risk, and the Road Ahead

  The Future of AI in Law Enforcement 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!

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• The Critical Case of Barnes v. Felix

  In this episode, Attorney Eric Daigle dives into Barnes v. Felix, a crucial Supreme Court case with significant implications for law enforcement professionals. The case, currently under review after oral argument on January 22, 2025, addresses the use of deadly force, the totality of the circumstances standard, and the moment of threat doctrine. Daigle provides an in-depth legal breakdown, discusses how the ruling could reshape police training and policies, and offers practical takeaways for officers handling high-pressure situations. Key Takeaways: 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. Legal Framework & Historical Precedents 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. Spilt Ruling 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. Practical Takeaways for Law Enforcement 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)

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• The Complexities of Geofence Warrants: Privacy vs. Public Safety

  Episode Summary: 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: 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. 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. 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)  

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• Election Law & Law Enforcement

  In this episode, Eric tackles the hot topic of election law as we approach the November 2024 elections. Eric took the time to address the critical intersection of law enforcement and community safety during elections. Key Topics: 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. 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. 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. 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. 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. 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  

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