Daniel W. Swear

Swear on the Stand

Court decisions are complex and difficult to digest. This podcast is designed to educating listeners on current legal decisions in a fun and interesting way. Researched by me and produced with the assistance of AI.

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Autor

Daniel W. Swear

Kategorie

Education

Web podcastu

podcasters.spotify.com

Nejnovější epizoda

30. říj 2026

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Epizody

United States v. Outlaw: Probable Cause for Arrest and Search (U.S. 3rd Cir.) 05.08.2025

This episode discusses a precedential opinion  from the  United States Court of Appeals for the Third Circuit, the  appeal of  United States v. Outlaw . The central issue revolves around whether a police detective had  probable cause to arrest Abdul Outlaw , which would justify a  search incident to arrest . The court  affirmed the District Court's decision to suppress evidence  found on Outla...

Estate of Parker v. Mississippi Department of Public Safety (U.S. 5th Cir.) 05.08.2025

This episode details a  United States Court of Appeals for the Fifth Circuit  case,  Estate of Parker v. Mississippi Department of Public Safety , concerning the tragic death of a three-month-old infant, La’Mello Parker, during a police confrontation with his fugitive father. The  court affirmed the district court's dismissal  of the case, concluding that while the circumstances were devastati...

Chisesi v. Hunady: Officer-Involved Shooting and Qualified Immunity 24.07.2025

This episode involves an  opinion  from the  United States Court of Appeals for the Eleventh Circuit  regarding the case of  Chisesi v. Hunady . The case involves an appeal by  Officer Matthew Hunady  and  Sheriff Huey Hoss Mack  after a district court denied their motions for summary judgment in a  42 U.S.C. § 1983 lawsuit . The lawsuit was filed by  Donna Chisesi , as administratrix of  Jonathan...

United States v. Ostrum: Motion to Suppress Denied 03.07.2025

This episode discusses a judicial opinion from  United States v. Ostrum  concerning a defendant's  motion to suppress evidence  in a criminal case. The defendant, Dylan Ostrum, sought to exclude evidence obtained from the search of a  stolen rental car  and two safes found inside it, arguing the search violated his  Fourth Amendment rights . The court  denied the motion , ruling that Ostrum la...

Estevis v. Cantu: Officer Immunity in High-Speed Pursuit Shooting 26.06.2025

This episode discusses an  appellate court opinion  from the Fifth Circuit, specifically the case of  Estevis v. Cantu , filed on April 16, 2025. It details an appeal regarding  qualified immunity  for police officers who fired shots at a suspect, Alejandro Estevis, after a high-speed pursuit. The court examines whether the officers' actions, particularly shots 4-9, violated  clearly establish...

Salinas v. City of Houston: Qualified Immunity Upheld 26.06.2025

This episode on Salinas v. City of Houston , details an appeal before the  United States Court of Appeals for the Fifth Circuit  concerning the fatal shooting of David Salinas by Houston police officers. The plaintiff, Brittany Salinas, argued that the officers used excessive force and that the City of Houston was liable. The court  affirmed the lower court's dismissal  of all claims, finding...

Clark v. Department of Public Safety: Excessive Force Claim 26.06.2025

This episode discusses the judicial opinion from  Clark v. Dep't of Pub. Safety, an appeal before the  United States Court of Appeals for the Fifth Circuit , concerning  Torriana Clark's  lawsuit against prison officials.  Clark , an inmate, alleged excessive force by  Sergeant Lance Wallace  under  42 U.S.C. § 1983 , following a prison incident. The  district court  had previously granted...

Managing a Multijurisdictional Case: Sniper Investigation Lessons 21.06.2025

This episode briefly discusses a comprehensive  report  titled "Managing a Multijurisdictional Case: Identifying the Lessons Learned from the Sniper Investigation," prepared by the  Police Executive Research Forum (PERF) . It offers an  exhaustive review  of the 2002 sniper investigation, drawing on over 100 interviews with law enforcement and government officials. The report serves as a...

Grisham v. Valenciano: Arrests of Armed Protesters Affirmed 18.06.2025

This episode details  Grisham v. Valenciano, a case heard by the  United States Court of Appeals for the Fifth Circuit  on February 26, 2024. The  plaintiffs, Christopher Grisham and James Everard , appealed a district court's summary judgment in favor of  defendants, including Olmos Park Chief of Police Rene Valenciano and the City of Olmos Park , concerning civil rights claims under  42 U.S....

Police Administration: Principles, Practices, and Contemporary Challenges 17.06.2025

This episode offers a comprehensive overview of  police administration , focusing on the multifaceted roles of  police executives  and the fundamental aspects of  police work . They explore the  internal and external responsibilities  of leadership, including managing operations and engaging with external entities like  government agencies, the media, and the community . The sources emphasize the...

Ethics in Public Procurement: A Dilemma 16.06.2025

This episode outlines a  procurement officer's dilemma  within a county police department regarding the  acquisition of new squad cars . The narrative details the  standardized process  for purchasing, involving Requests for Proposals (RFPs) and the evaluation of both  cost and qualitative factors  like comfort and maintenance. The officer faces a  moral and professional quandary  when their D...

The Weston's Downward Ethical Spiral 16.06.2025

This episode presents a  Harvard Business School case study  titled "Chris and Alison Weston (A)," published in 2011, which details the ethical descent of a successful, well-educated couple who ultimately served prison sentences for mail fraud. The narrative, told largely in the Westons' own words, explores how their actions, initially perceived as justifiable and minor, escalated in...

The 2010 Chilean Mining Rescue 15.06.2025

This discussion provides an in-depth account of the  2010 Chilean mining rescue , detailing the immediate aftermath of the San Jose mine collapse, which trapped 33 miners. It explores the  challenges faced by the trapped miners underground , including resource scarcity and psychological impacts, and their efforts to organize and survive. Concurrently, the text highlights the  complex rescue effort...

Mount Everest Tragedy: The 1996 Disaster 15.06.2025

This discussion explores a  case study from Harvard Business School  detailing the tragic 1996 Mount Everest climbing season, specifically focusing on two commercial expeditions led by  Rob Hall (Adventure Consultants)  and  Scott Fischer (Mountain Madness) . It outlines the  history of Everest climbs , the  increasing commercialization of expeditions  since 1985, and the  preparation and challeng...

Learning When to Stop Momentum 15.06.2025

This episode explores an article from the  MIT Sloan Management Review  titled "Learning When to Stop Momentum" by Michelle A. Barton and Kathleen M. Sutcliffe, explores the concept of  dysfunctional momentum  in organizations. This phenomenon occurs when individuals or teams persist in a course of action even when presented with cues suggesting a need for change, often leading to negati...

Rob Parson's Promotion Dilemma at Morgan Stanley-Case Study 14.06.2025

This Harvard Business School case study,  "Rob Parson at Morgan Stanley (A),"  focuses on the complex performance evaluation of Rob Parson, a highly effective but interpersonally challenging employee at Morgan Stanley in 1998. It  details the firm's cultural shift towards a "One-Firm Firm" vision under President John Mack , emphasizing teamwork and integrity, a stark contra...

Police Budgeting: Strategies for Success 13.06.2025

This episode explores a comprehensive guide, published by the Police Executive Research Forum in 2002, focusing on  police department budgeting strategies  for law enforcement chief executives. It  examines why some departments are more successful at securing funding , drawing on a  1998 survey of municipal police departments  and a  1999 roundtable discussion with successful police executives . T...

Martin v. United States: Wrong House, Wrong Rule 13.06.2025

This episode discusses excerpts from the  Supreme Court of the United States  case  Martin v. United States , decided on June 12, 2025. This case addresses the  Federal Tort Claims Act (FTCA) , specifically focusing on two key aspects: the  law enforcement proviso  within §2680(h) and the  Supremacy Clause  as a potential defense for the government. The Court unanimously held that the  law enforce...

Griggs v. Brewer: Qualified Immunity and Excessive Force Claims 12.06.2025

This episode details an appeal heard by the United States Court of Appeals for the Fifth Circuit. The case involves  Tanner Elliot Griggs , who sued Officer Charley Daniel Brewer under  42 U.S.C.S. § 1983  for alleged  excessive force  during his arrest for driving while intoxicated. The central issue is whether Officer Brewer was entitled to  qualified immunity , which shields government official...

Diagnosing Organizational Friction (Case Study) 11.06.2025

This episode discusses "Dr. Jamie Thompson: Diagnosing an Organizational Issue," a  case study  published by WDI Publishing, focusing on Dr. Elizabeth Clarke, Chair of the Surgery department at University Hospital. Dr. Clarke faces a dilemma regarding Dr. Jamie Thompson, a recently hired surgeon who brings  exceptional patient outcomes and surgical volume  but also causes  significant operational...

Organizational Mindsets: Cultivating Growth Cultures 11.06.2025

This episode explores how  mindset culture  within organizations significantly impacts employee behavior and overall company effectiveness. It contrasts two primary mindsets: a  Culture of Genius , which emphasizes innate talent and individual success, and a  Culture of Growth , which prioritizes development, motivation, and learning. The source illustrates how these mindsets, whether explicitly s...

The Future of Law Enforcement: Strategies for a Changing World 11.06.2025

This episode examines Deloitte's "The Future of Law Enforcement" outlining the  significant challenges facing modern policing , driven by  rapid technological advancements and shifting societal dynamics . It emphasizes that traditional policing strategies focused solely on enforcement or community engagement are  no longer sufficient . Instead, the article advocates for a  hybrid app...

Crafting Crisis Communication Plans 04.06.2025

The source text for this discussion outlines crucial strategies for  law enforcement agencies  to manage public perception and maintain trust during high-profile incidents. It emphasizes the importance of  proactive planning and practice  for crisis communication, rather than developing a plan reactively. The document highlights the need to  leverage social media for monitoring and establishing th...

Fostering Community Trust Through Police Body-Worn Camera Programs 04.06.2025

The episode outlines how law enforcement agencies can  strengthen community relationships  through  effective communication , particularly concerning  body-worn camera (BWC) programs  and  critical incidents . It emphasizes building a  team approach to policing  by engaging the community and fostering an  informed internal culture  within the department. The source article provides  actionable str...

Bakutis v. Dean: Qualified Immunity Appeal (5th Cir) 04.06.2025

This episode presents an appeal from a district court's denial of qualified immunity for Officer Aaron Dean, who shot and killed Atatiana Jefferson during a "community caretaking" response to an "open structure call." The  majority opinion   affirms  the district court's decision regarding the  excessive force claim , finding that Dean's actions were objectively unr...

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