The Tactical In-Service: Recent Episodes
Erik Scramlin
A podcast for law enforcement officers. Stay up to date on changes in the law, as former prosecutor and founder of Tactical Legal Solutions, Erik Scramlin breaks down the cases that affect public safety.
The New Mexico Court of Appeals significantly restricted the inventory exception in the recent case of State v. Sanders, NO. A-1-CA-40287. Applying New Mexico's far more expansive rights to automobiles and now inventory searches, the court has limited officers to inventory of items in plain view. In this episode of the podcast I breakdown the case and discuss some other related topics.
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Case Law Discussed in This Episode:
➡️ State v. Sanders, NO. A-1-CA-40287 (2024)
➡️ State v. Jim, 2022 NMCA 22 (N.M. Ct. App. 2022)
➡️ United States v. Ramos, NO. 23-6071 (10th Cir 2023)
⚡️ Upcoming Advanced Legal Training for Police
Watch this episode on YouTube
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal training for New Mexico police officers. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The NM Supreme Court recently overturned State v. Affsprung, addressing the authority of police officers in New Mexico to ID passengers. I break down State v. Salas in this episode and highlight key takeaways that every officer must know.
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Case Law Discussed in This Episode:
➡️ State v. Affsprung, 2004-NMCA-038
➡️ State v. Salas, No. S-1-SC-38861
➡️ Arizona v. Johnson, 555 U.S. 323 (2009)
➡️ State v. Tuton, 2020-NMCA-042
➡️ SEE ALSO - City of Roswell v. Hudson, 2007-NMCA-034
⚡️ Upcoming Advanced Legal Training for Police
Watch this episode on YouTube
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal training for New Mexico police officers. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
How do police investigate use of force incidents? Former GBI investigator Doug Parker breaks down police use of force investigations and discusses what every officer must know about documenting a use of force incident.
Thin Blue Defend: https://thinbluedefend.com/
Check out Tactical Attorney's legal courses for police officers: http://policelegaltraining.com
Watch this episode on YouTube @TacticalAttorney
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal training for New Mexico police officers.
Courses and contact information available at http://policelegaltraining.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
What is the legal standard for using confidential informants? I break down the recent New Mexico Supreme Court case, State v. Granados.
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Get educated in the law TacticalAttorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Can police enter the curtilage to conduct a knock and talk? Can police bring a drug sniffing dog on the curtilage? Florida v. Jardines case law analysis.
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Check out my legal courses for police officers: http://policelegaltraining.com
Case Law Discussed in This Episode:
Florida v. Jardines, 569 U.S. 1 (2013) - https://supreme.justia.com/cases/federal/us/569/1/
See also Collins v. Virginia, 584 U.S. ____ (2018) - https://supreme.justia.com/cases/federal/us/584/16-1027/
Upcoming Advanced Search and Seizure Training: https://tacticalattorney.com/upcoming/
Watch the podcast on YouTube @Tactical Attorney
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal training for New Mexico police officers. Courses and contact information available at http://policelegaltraining.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Can police trespass on private land without a warrant? Find out what every officer must know about curtilage and open fields.
United States v. Dunn, 480 U.S. 294 (1987) - https://supreme.justia.com/cases/federal/us/480/294/
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Check out my legal courses for police officers: http://policelegaltraining.com
Watch this episode on YouTube: https://youtu.be/13TLd82jz5g
Marlon Marrache, retired LAPD Police Sgt. is one of the most well versed experts in police misconduct. He spent the last 12 years of his career investigating officer involved shootings and conducting IA investigations. He even went to law school and got his law degree. In this episode of the podcast, Marlon and Erik discuss police discipline.
Advanced legal training for police officers: https://policelegaltraining.com
Check out Marlon's upcoming podcast D-tails The Breakdown: https://www.youtube.com/@d-tailsthebreakdown
Follow Marlon on LinkedIn: https://www.linkedin.com/in/marlon-marrache/
Watch this episode on YouTube: https://youtu.be/5yL5INISQmw
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
How good tactics, training and leadership can keep police officers out of costly lawsuits. Jon Becker of Aardvark Tactical explains why he debriefs tactical leaders in his new podcast.
🎓 Advanced legal training for your agency: https://policelegaltraining.com
🔔 Follow the podcast for more episodes like this
🔥 The Debrief With Jon Becker: https://thedebrief.live/
➡️ The Debrief on YouTube: https://www.youtube.com/@UCbfpX06y1QnyUjKyfXEZ32w
🔥 Podcast available where you listen to podcasts or listen now here: https://www.spreaker.com/show/tactical-in-service
THINGS YOU NEED TO KNOW
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal education courses for law enforcement and prosecutors. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
A current and former New Mexico prosecutor break down the State's new recreational marijuana laws. What every police officer needs to know about recreational marijuana in New Mexico.
The Tactical In-Service Podcast is a podcast for law enforcement where I breakdown training topics and case law to help officers stay up on the law.
➡️ New Mexico's Cannabis Regulation Act Full Text: https://nmonesource.com/nmos/nmsa/en/item/4355/index.do#!b/26-2C-1
➡️ Contact ADA Kirk Williams: KirkWilliams@da.state.nm.us
➡️ NMDPS Approved Legal Education Courses for New Mexico Officers: http://policelegaltraining.com
➡️ Legal Education Courses For All Law Enforcement Officers: https://tacticalattorney.com
Watch this episode on YouTube: https://youtu.be/fe9DzZcFnMI
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal education courses for New Mexico police officers. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Police officers are faced with a 24/7, always on workplace where demands are unrealistic and resources are scant. Retired Officer John Kelly joins the Tactical In-Service to talk about how burnout effects law enforcement and how officers can combat it.
⚡️John Kelly: https://www.lawenforcementlifecoach.com
Does your department need legal training? – Master the law, regain your confidence and transform your career with Tactical Attorney legal mastermind courses:
➡️ http://policelegaltraining.com
Watch This Podcast on YouTube Here:
➡️ https://youtu.be/NPR-W8syV-o
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
⚡️ a copy of the Tactical Attorney Objections and Foundations Cheat Sheet
here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Learn how to avoid this one mistake I see officers make all the time when conducting Terry Frisks.
The Tactical In-Service is a podcast for law enforcement. As a former prosecutor, I break down training topics and case law to educate the law enforcement community.
Check out my legal courses for police officers:
http://policelegaltraining.com
Case Law Discussed in This Episode:
➡️ Terry v. Ohio, 392 U.S. 1 (1968) - https://supreme.justia.com/cases/federal/us/392/1/#tab-opinion-1947459
➡️ Arizona v. Johnson, 553 U.S. 323 (2009): https://supreme.justia.com/cases/federal/us/555/323/
➡️ Ybarra v. Illinois, 444 U.S. 85 (1979): https://supreme.justia.com/cases/federal/us/444/85/
➡️ Minnesota v. Dickerson: 508 U.S. 366 (1993): https://supreme.justia.com/cases/federal/us/508/366/
Watch the podcast here: https://youtu.be/c6Tt5NrQGoc
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Erik Scramlin provides in-depth legal training for New Mexico police officers. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Most people agree that police need more training, but are they learning? What is the best vehicle to deliver training to police officers? In this episode of the Tactical In-Service Podcast, attorney Erik Scramlin talks with The Briefing room CEO, Jason Louis about how 90 second blocks of training can be effectively delivered at shift briefing or roll call.
⚡️The Briefing Room: https://www.thebriefingroom.com/
Does your department need legal training? – Master the law, regain your confidence and transform your career with Tactical Attorney legal mastermind courses:
➡️ http://policelegaltraining.com
Watch This Podcast on YouTube Here:
➡️ https://youtu.be/NPR-W8syV-o
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
⚡️ a copy of the Tactical Attorney Objections and Foundations Cheat Sheet
here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Every New Mexico law enforcement officer must know New Mexico law. If you are a new officer from another state, there are some major differences in search and seizure law that apply. I breakdown the major differences in this episode.
Must know case law:
State v. Gomez, 1997-NMSC-006
https://case-law.vlex.com/vid/1997-nmsc-6-state-888659852
State v. Granville, 2006-NMCA-098
https://caselaw.findlaw.com/nm-court-of-appeals/1269228.html
State v. Williamson, 2000-NMCA-068
https://cite.case.law/nm/129/387/
State v. Tuton, 2020-NMCA-042
https://casetext.com/case/state-v-tuton
State v. Jim, 2022-NMCA-022
https://casetext.com/case/state-v-jim-121717
The New Mexico Civil Rights Act (HB4)
https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0004.pdf
Check out my legal courses for police officers:
http://policelegaltraining.com
Watch this episode on YouTube:
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Policing the mentally ill is one of the biggest challenges facing officers today. Ernie Stevens of the movie Ernie and Joe: Crisis Cops discusses how law enforcement can have a more positive outcome when responding to mental health calls.
⚡️Ernie and Joe: Crisis Cops: https://www.ernieandjoethefilm.com/
⚡️Mental health & De-escalation: A guide for law enforcement professionals (Real cops training) by Ernie Stevens: https://www.amazon.com/Mental-health-escalation-enforcement-professionals/dp/B09QFM8HD5/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=1666885159&sr=8-3
➡️ National Alliance on Mental Illness: https://www.nami.org/Home
Does your department need legal training? – Master the law, regain your confidence and transform your career with my legal mastermind courses:
➡️ http://policelegaltraining.com
Watch this episode on YouTube:
➡️ https://youtu.be/ItgI1_zIMA0
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
⚡️ a copy of the Tactical Attorney Objections and Foundations Cheat Sheet
here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Every police officer must know this about warrantless home entry.
Must know case law:
Brigham City v. Stuart, 547 U.S. 398 (2006): https://supreme.justia.com/cases/federal/us/547/398/
Lange v. California, 594 U.S. ____ (2021):
https://www.supremecourt.gov/opinions/20pdf/20-18_cb7d.pdf
Kentucky v. King, 563 U.S. 452 (2011):
https://www.supremecourt.gov/opinions/10pdf/09-1272.pdf
Check out my legal courses for police officers:
http://policelegaltraining.com
New Mexico Search and Seizure Training 09/19/2022 @ Las Cruces PD. More info here: https://tacticalattorney.com/law-enforcement/
Watch this episode on YouTube: https://youtu.be/zueWbqEqJpU
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Death by PowerPoint and check the box law enforcement training does not work. There is a better approach to LEO training. Attorney Erik Scramlin speaks with Scott Savage of the Savage Training Group about a better approach to police training.
⚡️For more information about Savage Training Group see:
https://savagetraininggroup.com/
Does your department need legal training? – Master the law, regain your confidence and transform your career with my legal mastermind courses:
➡️ http://policelegaltraining.com
New Mexico Search and Seizure Training 09/19/2022 @ Las Cruces PD. More info here:
➡️ https://tacticalattorney.com/law-enforcement/
Watch this Episode on YouTube here:
➡️ https://youtu.be/t-NYMTCTojg
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
⚡️ a copy of the Tactical Attorney Objections and Foundations Cheat Sheet
here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Is your department engaged in community policing? If so, are you just doing it the way it has always been done? ** The Pathfinder Initiative demonstrates the different paths available to law enforcement.
For more information about the Pathfinder Initiative, contact Corp. Todd Kessler:
⚡️Twitter: @Pathfinder8569
⚡️ Facebook Group: Pathfinders - A progression in Law Enforcement
https://www.facebook.com/groups/2909858139339084/
⚡️: tckessler@buckscounty.org
Does your department need legal training? – view my courses at:
➡️ http://policelegaltraining.com
New Mexico Search and Seizure Training 09/19/2022 @ Las Cruces PD. More info here:➡️ https://tacticalattorney.com/law-enforcement/
Watch this episode on YouTube: ➡️ https://youtu.be/c8Uf-oNlc_A
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Can a police officer be sued if a prosecutor dismisses criminal charges?
Thompson v. Clark, 20-659 (2022): https://www.supremecourt.gov/opinions/21pdf/20-659_3ea4.pdf
Legal training for police officers – view courses at: http://policelegaltraining.com
New Mexico Search and Seizure Training 09/19/2022 @ Las Cruces PD. More info here: https://tacticalattorney.com/law-enforcement/
FREE New Mexico Legal Update 08/04/2022 – Free to All NM LEOs – Register here: https://us02web.zoom.us/webinar/register/WN_wVXxaMGgS8CajDvA6p6ycQ
Watch this episode on YouTube: https://youtu.be/tkJ-dlpbF3E
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Is an officer's failure to advise Miranda warnings grounds for a lawsuit? The Supreme Court answered that question in its recent decision Vega v. Tekoh.
Vega v. Tekoh 21-499: https://www.supremecourt.gov/opinions/21pdf/21-499_gfbh.pdf
I provide legal training for law enforcement. Find out more about my LEO courses at: http://policelegaltraining.com
Search and Seizure training for New Mexico LEOs: https://tacticalattorney.com
Watch the Podcast on YouTube: https://youtu.be/4Fw5tkRO_6w
Erik Scramlin is a former Chief Deputy District Attorney and currently serves as the Senior Attorney Instructor at Tactical Legal Solutions, LLC. Courses and contact information available at http://policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copy
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
As bail reform sweeps across the country, many law enforcement officers are left to wonder what impact it may have on policing. Senior Officer Douglas Griffith, President of the Houston Police Officers' Union joins attorney Erik Scramlin on the Tactical In-Service Podcast to discuss concerns over its recent implementation in Houston.
Watch this episode on YouTube here: https://youtu.be/ysT3xVWRLfg
See Senior Officer Douglas Griffith's Bio here: https://hpou.org/board/douglas-griffith/
Attorney Erik Scramlin is a former Chief Deputy District Attorney and currently serves law enforcement as the owner of Tactical Legal Solutions, LLC. Mr. Scramlin offers high end legal training and coaching for LEOs. Courses and contact information available at http://policelegaltraining.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The Courts have never truly defined reasonable suspicion. In order to understand reasonable suspicion, officers must look to examples in case law. In this episode, I break down a recent New Mexico Court of Appeals decision involving reasonable suspicion, State v. Wing.
State v. Donald Wing, No. A-1-CA-38763 - https://casetext.com/case/state-v-wing-41
See also - my episode on Terry v. Ohio - https://www.spreaker.com/episode/48444868
Train like a lawyer. Find out more about my law enforcement courses - https://tacticalattorney.com
Watch the Episode on YouTube here: https: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnA
SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copy
Host Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Qualified Immunity is the hot button issue amongst law enforcement right now. I have found that many officers do not really understand what qualified immunity is. In this episode, I break down what qualified immunity is and what it is not.
📒Show Notes📒
Get a full search and seizure and use of force law course at your department - Contact me today for a quote: ➡️https://tacticalattorney.com
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at
➡️https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Learn how to admit your body cam, photographs and certified records at trial.
📒Show Notes📒
1️⃣ FRE Rule 901: https://www.law.cornell.edu/rules/fre/rule_901
2️⃣ Free Foundations & Objections Cheat Sheet: https://www.subscribepage.com/tacticalattorney_copy
In-Person Officer as Prosecutor Training in Hobbs, NM - More Information Here: ➡️http://t.ly/LdEL
Train like a lawyer. Find out more about my law enforcement courses including officer as prosecutor training - https://tacticalattorney.com
Watch this episode on YouTube: ➡️ https://youtu.be/dTFM1paDrmM
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at
➡️https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
In Maryland v. Buie, SCOTUS carved out the "protective sweep" exception to the warrant requirement. In this episode of the podcast, I break down the legal aspects of the protective sweep and discuss the big mistake I see officers make all the time.
Officer as Prosecutor Training in Hobbs, NM - More Information Here: http://t.ly/LdEL
Train like a lawyer. Find out more about my law enforcement courses including officer as prosecutor training - https://tacticalattorney.com
Watch this episode on YouTube:
https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnA
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
New Mexico LEOs must prosecute some of their own cases in court. Most officers simply dismiss the case or do not show up to court. You do not need to be a lawyer to learn how to prosecute a case in court. Simply understanding the process can help get you in the game!
Officer as Prosecutor Training in Hobbs, NM - More Information Here: http://t.ly/LdEL
Train like a lawyer. Find out more about my law enforcement courses including officer as prosecutor training - https://tacticalattorney.com
Watch this episode on YouTube:
https://youtu.be/FuH0jLKnVv0
SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copy
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The Fourth Amendment has a strong preference for warrants. In this week's episode, I explain the basic anatomy of a search warrant and give you a few tips on how to draft your next search warrant.
Train like a lawyer. Find out more about my law enforcement courses including a full course on how to draft search warrants - https://tacticalattorney.com
Watch this episode on YouTube:
https://youtu.be/LFqtSb8Xu8w
SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copy
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
New Mexico Courts provide far greater constitutional protections than its federal counterparts. In this episode, I discuss inventory searches and a recent NM COA decisions that every officer in NM must know!
State v. Jim, No. A-1-CA-36024 (2022)
https://nmonesource.com/nmos/nmca/en/520605/1/document.do
Free New Mexico Legal Update Webinar 2/18/2022: Register Now!
https://us02web.zoom.us/webinar/register/WN_RBChPH2LSHm2p9OvbQ_YAg
Train like a lawyer. Find out more about my law enforcement courses - https://tacticalattorney.com
Watch this episode on YouTube:
https://youtu.be/AxwDdWHgZbo
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Police officers are expected to know the law like a lawyer. It starts with a firm grasp of the basics. In this episode, I break down the basics of the landmark decision Terry v. Ohio.
Terry v. Ohio, 392 U.S. 1 (1968) - https://supreme.justia.com/cases/federal/us/392/1/#tab-opinion-1947459
See also - Ybarra v. Illinois, 444 U.S. 85 (1979) - https://supreme.justia.com/cases/federal/us/444/85/#tab-opinion-1953417
Train like a lawyer. Find out more about my law enforcement courses - https://tacticalattorney.com
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
In New Mexico, can a reserve officer or any non commissioned, salaried peace officer conduct a Terry stop under New Mexico's Constitution?
The NM Supreme Court addressed the issue in State v. Sommer Wright.
See State v. Sommer Wright: https://nmonesource.com/nmos/nmsc/en/item/518900/index.do
Need legal training? Find out more about my New Mexico DPS approved courses
@ TacticalAttorney.com
Watch the Episode on YouTube here: https://youtu.be/754kEUq2Gck
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Erik Scramlin is a former Chief Deputy District Attorney and currently serves as the Senior Attorney Instructor at Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The New Mexico Court of appeals has held that the scope of a valid Terry stop violates the New Mexico constitution when an officer asks questions unrelated to the reasons justifying the stop.
See State v. Tuton, 472 P.3d 1214 (2020): https://casetext.com/case/state-v-tuton
See Arizona v. Johnson, 555 U.S. 323 (2009): https://supreme.justia.com/cases/federal/us/555/323/
See Terry v. Ohio, 392 U.S. 1 (1968): https://supreme.justia.com/cases/federal/us/392/1/
Find out more information about my law enforcement courses at TacticalAttorney.com
Watch the Episode on YouTube here: https://youtu.be/J9e46GdXH5o
SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copy
Erik Scramlin is a former Chief Deputy District Attorney and currently serves as the Senior Attorney Instructor at Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The New Mexico Court of Appeals just handed down a case holding that an inventory search was unreasonable where the officer did not exercise discretion as required by department policy.
Key Take-Aways
1. Know and understand your department's inventory policy.
2. Always exercise officer discretion, act as a reasonable officer would act.
3. Bad facts make bad law! Know the law like a lawyer, understand it, apply it.
State v. Andrew Ontiveros, No. A-1-CA-37870
https://coa.nmcourts.gov/home/formal-opinions/
Find out more information about my law enforcement courses at TacticalAttorney.com
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The New Mexico Court of Appeals discusses exigent circumstances and hot pursuit in State v. Scott. I break down the case in this episode.
State v. Scott, No. A-1-CA-38113 (2021)
https://scholar.google.com/scholar_case?case=16068296467324675613&q=ronald+scott&hl=en&as_sdt=4,32
Lange v. California, 141 S.Ct 2011 (2021)
https://scholar.google.com/scholar_case?case=1525161739513366799&q=Lange+v+California&hl=en&as_sdt=6,44
Find out more information about my law enforcement courses at TacticalAttorney.com
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Does hot pursuit of a misdemeanor suspect always allow warrantless entry into a home? SCOTUS says no in Lange v. California. In this episode of the podcast, I breakdown the case.
Lange v. California, 141 S.Ct 2011 (2021)
https://scholar.google.com/scholar_case?case=1525161739513366799&q=Lange+v+California&hl=en&as_sdt=6,44
Find out more information about my law enforcement courses at TacticalAttorney.com
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Watch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnA
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The United States Supreme Court addressed qualified immunity in two recently released decisions, City of Tahlequah, Oklahoma v. Bond No. 595 U.S. _____ (2021) and Daniel Rivas-Villegas v. Ramon Cortesluna. In this episode of the podcast, I discuss the Court's holdings and its potential implications for law enforcement.
City of Tahlequah v. Bond:
https://www.supremecourt.gov/opinions/21pdf/20-1668_19m2.pdf
Rivas-Villegas v. Cortesluna: https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdf
Find out more information about my law enforcement courses at TacticalAttorney.com
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Watch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnA
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
In this episode, I speak with former police officer turned cyber security professional John Christy. John shares his own frightening experience of being doxed and what law enforcement and public safety professionals can do to help minimize exposure.
Abine Delete Me: https://info.joindeleteme.com/deleteme-for-law-enforcement/
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Watch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnA
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The New Mexico Supreme Court recently overturned a Court of Appeal’s decision requiring evidence of actual endangerment in aggravated fleeing cases. In State v. Vest, S-1-SC-37210 (May 27, 2021), the New Mexico Supreme Court held that a defendant may be convicted of aggravated fleeing without proving that there was another person actually in the vicinity of the pursuit. In this Episode, I break the case down for you.
Read the entire case here: https://nmonesource.com/nmos/nmsc/en/item/497701/index.do
Register for my Officer Prosecutor Course: https://tacticalattorney.com
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
The New Mexico Civil Rights Act (HB 4 2021) Ends Qualified Immunity as a Defense under state law. What does this mean for law enforcement in New Mexico? In this episode of the podcast, I breakdown HB 4 and tell you what every officer must know about this new law.
Here is the final version of HB 4: https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0004.pdf
Understanding New Mexico's Interstitial Approach: https://www.youtube.com/watch?v=v4sIBBcExc4&t=21s
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Knowing these 3 trial objections will help any police officer testify better in court.
For police officers in New Mexico, knowing these 3 objections are a must if you prosecute your own cases in court. Even if you don't prosecute your own cases, knowing and understanding these 3 common trial objections will help you testify better in court.
OBJECTION AND FOUNDATIONS CHEAT SHEET FOR POLICE OFFICERS HERE: https://www.subscribepage.com/tacticalattorney_copy
Watch the Full Episode on YouTube Here: https://www.youtube.com/watch?v=ztOeWSylmpA&t=288s
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Episode 4: Consensual Encounters vs. Seizures
A person is seized within the meaning of the 4th Amendment when a reasonable person would believe they are not free to leave. Does an officer need a justification to approach private individuals on the street to ask questions? Does asking for an ID make it a seizure under the 4th Amendment? In this Episode, I discuss consensual encounters and a recent New Mexico Court of Appeals decision.
State v. Ramey, 2020-NMCA-041 - https://casetext.com/case/state-v-ramey-94
Podcast available on iTunes, Spotify and all major podcast apps. You can also follow the podcast on
Spreaker here: https://www.spreaker.com/show/tactical-in-service
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC.
Courses and contact information available at https://tacticalattorney.com
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.
Terrified of testifying in court? Do you dread cross exam? In this Episode, I discuss some common pitfalls and 5 tips to help you testify better in court.
Podcast available on iTunes, Spotify and all major podcast apps. You can also follow the podcast on Spreaker here: https://www.spreaker.com/show/tactical-in-service
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
Can an officer rely on specialized training and experience in forming reasonable suspicion? Find out in Episode 2 of the Tactical In-Service. I discuss how an officer can form reasonable suspicion based upon specialized training and experience. More importantly, what the Courts look for when analyzing this approach.
Cases Cited:
United States V. Arvizu, 534 U.S. 266 (2002)
https://supreme.justia.com/cases/federal/us/534/266/
State of New Mexico v. Martinez, 457 P.3d 254 (2020)
https://scholar.google.com/scholar_case?case=2404291574425015542&q=457+P.3d+254&hl=en&as_sdt=6,32
Podcast available on iTunes, Spotify and all major podcast apps. You can also follow the podcast on Spreaker here: https://www.spreaker.com/show/tactical-in-service
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
Reasonable suspicion seems straight forward but it can actually be quite complex. In this episode I discuss my 3-step approach to determining whether or not reasonable suspicion exists to support an investigatory detention.
Cases Cited:
Ornelas v. United States, 517 U.S. 690 (1996) https://supreme.justia.com/cases/federal/us/517/690/
United States v. Cortez, 449 U.S. 411 (1981)
https://supreme.justia.com/cases/federal/us/449/411/
United States V. Arvizu, 534 U.S. 266 (2002)
https://supreme.justia.com/cases/federal/us/534/266/
Terry v. Ohio, 392 U.S. 1 (1968)
https://supreme.justia.com/cases/federal/us/392/1/
City of Roswell v. Hudson, 2007 NMCA 34 (2007)
https://caselaw.findlaw.com/nm-court-of-appeals/1218434.html
Podcast available on iTunes, Spotify and all major podcast apps. You can also follow the podcast on Spreaker here: https://www.spreaker.com/show/tactical-in-service
Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com
Welcome to The Tactical In-Service Podcast. In this brief introduction, host and former Chief Deputy District Attorney, Erik Scramlin (Tactical Legal Solutions, LLC), explains what the podcast is all about. This is a podcast for law enforcement officers to learn about important aspects of the law. The goals of this podcast include: (1) Learn about 4th Amendment Search and Seizure, (2) Learn about civil law and liability that is associated with your work and (3) become a better police officer by staying up to date on changes in the law. There is a better approach to legal training. The Tactical In-Service is part of that approach.
Subscribe to the podcast on your favorite podcast app. Make sure you also check out the Tactical Attorney YouTube page for the vodcast and other videos on legal topics for law enforcement officers.
Visit https://tacticalattorney.com for more information about Erik and Tactical Legal Solutions, LLC.
Subscribe to our YouTube Channel: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnA