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

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Manage episode 478658659 series 3347528
Content provided by Daigle Law Group and Attorney Eric Daigle. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Daigle Law Group and Attorney Eric Daigle or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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

  continue reading

53 episodes

Artwork
iconShare
 
Manage episode 478658659 series 3347528
Content provided by Daigle Law Group and Attorney Eric Daigle. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Daigle Law Group and Attorney Eric Daigle or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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

  continue reading

53 episodes

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