Guardian Mindset

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.

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. Eric and Kristen discuss how she navigated through a 30-year career as a female in law enforcement, her progression to the rank of Chief, and how the profession has changed and continues to face new and old challenges. Find out more about Kristen and her book at: https://kristenziman.com/

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.

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.

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.

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.

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.

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.

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.

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.

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?

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.

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 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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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

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

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…

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.

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…

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…

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…

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…

Attorney Daigle is joined in the studio by mentor and friend, Chief Charles Reynolds (retired). The two discuss the challenges that law enforcement professionals face today and what individual officers and police/public safety agencies can do to improve and develop trust with the communities they serve. 

Attorney Daigle delves into the President's Task Force on 21st Century Policing to bring attention to the concepts of procedural justice and police legitimacy 

In this episode, Attorney Daigle discusses the history of law enforcement and the guiding principles that have developed and shaped policing through the 20th Century and into the present day. 

Attorney Eric Daigle introduces himself and discusses how the Guardian Mindset was developed to improve the principles that law enforcement, corrections, fire, and EMS services operate on.