The Tactical In-Service

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 cours...

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 la...

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/...

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/re...

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-op...

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 th...

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....

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, underst...

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+Calif...

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 TacticalAtto...

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_...

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/i6v3q0 Wa...

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 th...

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 Interstitia...

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...

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...

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 L...

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.c...

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.jus...

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...