POLICE Magazine

MAY 2019

Magazine for police and law enforcement

Issue link: https://policemag.epubxp.com/i/1113598

Contents of this Issue


Page 45 of 76

P O L I C E M AG .C O M 43 when they left the initial meeting with the detective. Finally, there was no in- formation in the affidavit documenting the unidentified DNA samples of two unknown males found on the blanket covering the victim. Against this backdrop of embellished facts and missing information, the court determined that it is not enough to re- move the untrue information from the affidavit to determine if there is proba- ble cause. Rather, under the totality of the circumstances principles the court was required to remove the untrue in- formation and add any exculpatory information in order to determine the presence or absence of probable cause. Affirming the district court's refusal to grant qualified immunity the Seventh Circuit determined that "a competent of- ficer would not even entertain the ques- tion whether it was lawful for him to lie in a probable cause affidavit. e hypo- thetical officer in the qualified immuni- ty analysis is one who acts in good faith. at is what the standard of 'objective reasonableness' is designed to capture." WHAT IT MEANS e term "closing the case" means more than just making an arrest; we need to make sure we arrest the culpable party. A guiding investigative principle tells us that in any investigation it is import- ant for the investigator to keep an open mind and let the facts lead the way to the suspect. Making too quick of a de- cision as to the guilt or innocence of a particular suspect can lead to the types of liability issues we see in this case. More importantly, we need to be sure that all of our documents, particularly affidavits, accurately portray the facts, both inculpatory and exculpatory, in a clear and concise way. As Sgt. Joe Fri- day was apt to say on the old TV show "Dragnet," "Just the facts, ma'am." Eric Daigle is founder of Daigle Law Group, LLC, a firm that specializes in law enforcement operations. A former Connecticut State Police officer, Daigle focuses on civil rights actions, including police misconduct litigation. He is a le- gal advisor for police agencies across the country. www.daiglelawgroup.com. TRAIN TO WIN Bring the best in law enforcement training to your agency: (630) 399-1645 Winning is much more than surviving conflict. Be completely prepared for your challenges with our inspiring and world-renowned classes with Dave "JD Buck Savage" Smith, Sgt. Betsy Brantner Smith, Sgt. Nancy Dowdy & team. CLASSES: The Winning Mind The Winning Mind for Women Career & Officer Survival for Dispatchers The Winning Edge Developing Successful Staff Skills Leadership for Optimal Performance

Articles in this issue

Links on this page

Archives of this issue

view archives of POLICE Magazine - MAY 2019