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)

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.

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.

• Election Law Resource Page

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