The Tactical In-Service

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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.

Erik Scramlin


    • Nov 22, 2024 LATEST EPISODE
    • infrequent NEW EPISODES
    • 21m AVG DURATION
    • 44 EPISODES


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    Latest episodes from The Tactical In-Service

    When It All Goes Wrong - Real Lessons For Law Enforcement

    Play Episode Listen Later Nov 22, 2024 54:27


    Everything has changed in law enforcement. Is your agency prepared for the worst? Jon Becker of The Debrief and I dive into lessons learned and what every police officer must start paying attention to.advanced legal training for your agency: https://policelegaltraining.com The Debrief With Jon Becker: https://thedebrief.live/  WATCH THIS EPISODE ON YOUTUBE @TACTICALATTORNEYTHINGS 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 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.

    Are Inventory Searches Dead? State v. Sanders Breakdown

    Play Episode Listen Later Feb 1, 2024 24:00


    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 YouTubeErik 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.

    Can Officers ID or Question Passengers? State v. Salas Breakdown

    Play Episode Listen Later Oct 11, 2023 16:24


    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 YouTubeErik 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.

    Investigating Use of Force Incidents: What Every Officer Must Know

    Play Episode Listen Later Jun 27, 2023 35:17


    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.comWatch this episode on YouTube @TacticalAttorneyErik 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.

    Confidential Informants: What's The Standard?

    Play Episode Listen Later Jun 14, 2023 12:22


    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.comDISCLAIMER: 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.

    Are Knock and Talks Legal?

    Play Episode Listen Later Apr 11, 2023 13:45


    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.comCase 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 AttorneyErik 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.comDISCLAIMER: 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? Curtilage vs. Open Fields

    Play Episode Listen Later Mar 2, 2023 17:05


    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.comWatch this episode on YouTube: https://youtu.be/13TLd82jz5g

    Investigating Police Misconduct: With Marlon Marrache LAPD Ret.

    Play Episode Listen Later Feb 1, 2023 33:36


    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.comCheck out Marlon's upcoming podcast D-tails The Breakdown: https://www.youtube.com/@d-tailsthebreakdownFollow Marlon on LinkedIn: https://www.linkedin.com/in/marlon-marrache/Watch this episode on YouTube: https://youtu.be/5yL5INISQmwDISCLAIMER: 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 Why Matters: How Lessons Learned Can Keep You Out of Court... With Jon Becker

    Play Episode Listen Later Jan 19, 2023 35:37


    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.

    Understanding New Mexico's Recreational Marijuana Laws

    Play Episode Listen Later Jan 6, 2023 24:16


    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/fe9DzZcFnMIErik 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.

    Burnout in Law Enforcement: Helping Heroes With John Kelly

    Play Episode Listen Later Dec 20, 2022 35:00


    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.comDoes 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-oErik 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 Sheethere: 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.

    Terry Frisks: Avoid Making This Crucial Mistake

    Play Episode Listen Later Nov 30, 2022 15:57


    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/c6Tt5NrQGocErik 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.

    How to Deliver Training in 90 Seconds at Shift Briefing With Jason Louis

    Play Episode Listen Later Nov 17, 2022 30:37


    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-oErik 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.

    So You Want to Be a Cop In New Mexico?

    Play Episode Listen Later Nov 10, 2022 17:40


    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-006https://case-law.vlex.com/vid/1997-nmsc-6-state-888659852State v. Granville, 2006-NMCA-098https://caselaw.findlaw.com/nm-court-of-appeals/1269228.htmlState v. Williamson, 2000-NMCA-068https://cite.case.law/nm/129/387/State v. Tuton, 2020-NMCA-042https://casetext.com/case/state-v-tutonState v. Jim, 2022-NMCA-022https://casetext.com/case/state-v-jim-121717The New Mexico Civil Rights Act (HB4)https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0004.pdfCheck 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

    Play Episode Listen Later Oct 27, 2022 34:36


    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/HomeDoes 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_zIMA0Erik 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.

    Exigent Circumstances Explained

    Play Episode Listen Later Sep 7, 2022 14:44


    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.pdfKentucky v. King, 563 U.S. 452 (2011):https://www.supremecourt.gov/opinions/10pdf/09-1272.pdfCheck 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/zueWbqEqJpUErik 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.

    We Need Better Police Training

    Play Episode Listen Later Aug 25, 2022 40:37


    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-NYMTCTojgErik 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.

    Community Policing: A New Path Forward

    Play Episode Listen Later Aug 11, 2022 37:30


    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.orgDoes 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_AErik 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.

    Understanding Malicious Prosecution: Thompson v. Clark Analysis

    Play Episode Listen Later Jul 28, 2022 21:16


    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.pdfLegal 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_wVXxaMGgS8CajDvA6p6ycQWatch this episode on YouTube: https://youtu.be/tkJ-dlpbF3EErik 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.

    No Miranda Warnings, Grounds for a Lawsuit?

    Play Episode Listen Later Jul 1, 2022 17:11


    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.pdfI provide legal training for law enforcement. Find out more about my LEO courses at: http://policelegaltraining.comSearch and Seizure training for New Mexico LEOs: https://tacticalattorney.comWatch the Podcast on YouTube: https://youtu.be/4Fw5tkRO_6wErik 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.comGet a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: https://www.subscribepage.com/tacticalattorney_copyDISCLAIMER: 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 Bail Reform Impact Policing?

    Play Episode Listen Later Jun 9, 2022 37:10


    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/ysT3xVWRLfgSee 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.comDISCLAIMER: 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.

    Reasonable Suspicion Analysis (State v. Wing)

    Play Episode Listen Later May 24, 2022 10:56


    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-41See also - my episode on Terry v. Ohio - https://www.spreaker.com/episode/48444868Train like a lawyer. Find out more about my law enforcement courses - https://tacticalattorney.comWatch the Episode on YouTube here: https: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnASIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copyHost Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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 Qualified Immunity? What Every Officer Must Know

    Play Episode Listen Later May 17, 2022 17:24


    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.

    How-to Admit Your Evidence at Trial (Officer Prosecuted Cases)

    Play Episode Listen Later Mar 31, 2022 14:16


    Learn how to admit your body cam, photographs and certified records at trial.

    Understanding Protective Sweeps: Maryland v. Buie

    Play Episode Listen Later Mar 25, 2022 10:31


    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/LdELTrain like a lawyer. Find out more about my law enforcement courses including officer as prosecutor training - https://tacticalattorney.comWatch this episode on YouTube:https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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 Officer Prosecutor: Understanding the Process

    Play Episode Listen Later Mar 16, 2022 15:43


    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/LdELTrain like a lawyer. Find out more about my law enforcement courses including officer as prosecutor training - https://tacticalattorney.comWatch this episode on YouTube:https://youtu.be/FuH0jLKnVv0SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copyErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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-to Draft a Search Warrant: Tips for Police Officers

    Play Episode Listen Later Mar 11, 2022 13:51


    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.comWatch this episode on YouTube:https://youtu.be/LFqtSb8Xu8wSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copyErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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 I Search That Locked Container? NM Case Law Update!

    Play Episode Listen Later Feb 10, 2022 17:56


    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.doFree New Mexico Legal Update Webinar 2/18/2022: Register Now!https://us02web.zoom.us/webinar/register/WN_RBChPH2LSHm2p9OvbQ_YAgTrain like a lawyer. Find out more about my law enforcement courses - https://tacticalattorney.comWatch this episode on YouTube:https://youtu.be/AxwDdWHgZboSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copyErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    Terry v Ohio: Case Law For Cops

    Play Episode Listen Later Jan 28, 2022 16:28


    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-1947459See also - Ybarra v. Illinois, 444 U.S. 85 (1979) - https://supreme.justia.com/cases/federal/us/444/85/#tab-opinion-1953417Train like a lawyer. Find out more about my law enforcement courses - https://tacticalattorney.comWatch the Episode on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnASIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW: https://www.subscribepage.com/tacticalattorney_copyErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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 Reserve Officer Make a Traffic Stop in New Mexico? State v Sommer Analysis

    Play Episode Listen Later Jan 13, 2022 11:22


    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.doNeed legal training? Find out more about my New Mexico DPS approved courses @ TacticalAttorney.comWatch the Episode on YouTube here: https://youtu.be/754kEUq2GckSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyErik 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.comDISCLAIMER: 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.

    Investigative Detentions (Terry Stops) - What Questions Can I Ask?

    Play Episode Listen Later Jan 6, 2022 13:48


    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-tutonSee 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.comWatch the Episode on YouTube here: https://youtu.be/J9e46GdXH5oSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyErik 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.comDISCLAIMER: 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.

    Inventory Searches - New Mexico Case Law Update!

    Play Episode Listen Later Dec 22, 2021 18:42


    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-Aways1. 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-37870https://coa.nmcourts.gov/home/formal-opinions/Find out more information about my law enforcement courses at TacticalAttorney.comSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyWatch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    Hot Pursuit in New Mexico - Every Officer Must Know!

    Play Episode Listen Later Nov 19, 2021 7:05


    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=4,32Lange v. California, 141 S.Ct 2011 (2021)https://scholar.google.com/scholar_case?case=1525161739513366799&q=Lange+v+California&hl=en&as_sdt=6,44Find out more information about my law enforcement courses at TacticalAttorney.comSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyWatch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    Hot Pursuit of Misdemeanor Suspects - Lange v. California Analysis

    Play Episode Listen Later Nov 11, 2021 13:31


    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=6,44Find out more information about my law enforcement courses at TacticalAttorney.comSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyWatch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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 Qualified Immunity Dead?

    Play Episode Listen Later Oct 26, 2021 12:53


    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.pdfRivas-Villegas v. Cortesluna: https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdfFind out more information about my law enforcement courses at TacticalAttorney.comSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyWatch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    Cyber Security and Privacy - For Law Enforcement

    Play Episode Listen Later Jul 21, 2021 69:34


    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/GET A COPY OF JOHN'S LETTER HERE: https://www.subscribepage.com/i6v3q0Watch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    Aggravated Fleeing - NM Supreme Court Creates New Case Law

    Play Episode Listen Later Jun 12, 2021 10:35


    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.doRegister for my Officer Prosecutor Course: https://tacticalattorney.comSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyWatch the podcast on YouTube here: https://www.youtube.com/channel/UCNJAahQLOH5uNinFMnQTMnAErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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 Ends Qualified Immunity - Understanding HB 4

    Play Episode Listen Later Apr 10, 2021 16:09


    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.pdfUnderstanding New Mexico's Interstitial Approach: https://www.youtube.com/watch?v=v4sIBBcExc4&t=21sSIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copyWatch the podcast on YouTube here: https://www.youtube.com/watch?v=naZYY6eonngErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    Top 3 Objections Every Officer Must Know

    Play Episode Listen Later Mar 26, 2021 15:00


    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_copyWatch the Full Episode on YouTube Here: https://www.youtube.com/watch?v=ztOeWSylmpA&t=288sErik 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.

    Consensual Encounters vs. Seizures

    Play Episode Listen Later Feb 20, 2021 15:24


    Episode 4: Consensual Encounters vs. SeizuresA 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-94Podcast 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-serviceErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC.Courses and contact information available at https://tacticalattorney.comDISCLAIMER: 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.

    5 Tips For Testifying In Court

    Play Episode Listen Later Feb 5, 2021 16:03


    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-serviceErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com

    Training and Experience - Forming Reasonable Suspicion

    Play Episode Listen Later Feb 5, 2021 15:23


    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=6,32Podcast 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-serviceErik 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 - The 3 Step Approach

    Play Episode Listen Later Feb 5, 2021 20:49


    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.htmlPodcast 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-serviceErik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com

    Introduction - a Podcast For Law Enforcement

    Play Episode Listen Later Jan 30, 2021 11:46


    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

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