Episodes
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Reasonable Suspicion Defined - 3 Simple Steps
Learn my simple 3-step approach to understanding reasonable suspicion and recognizing when officers have enough facts to justify a stop. https://tacticalattorney.com/contact/Book my Search and Seizure Master Class: https://tacticalattorney.com/Cases discussed: Terry v. Ohio:...
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Privacy Redefined? Chatrie v. United States
The Supreme Court’s decision in Chatrie v. United States could reshape the reasonable expectation of privacy standard and its impact may extend far beyond geofence warrants to ALPRs and other surveillance technology. Get training for your department: https://tacticalattorney.com Book a call with...
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Katz v United States Explained: When is it a Search?
When does government surveillance become a search? Attorney Erik Scramlin breaks down Katz v. United States, reasonable expectation of privacy, and what every officer needs to know about this landmark Fourth Amendment case. Get training for your department: https://tacticalattorney.com Book a…
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Police Drones & the 4th Amendment - Anthony Bandiero
In this welcome back episode of The Tactical In-Service, Erik Scramlin sits down with attorney and former police officer Anthony Bandiero, founder of Blue to Gold Law Enforcement Training, to discuss one of the most pressing issues in modern policing: drone surveillance and the Fourth Amendment....
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When It All Goes Wrong - Real Lessons For Law Enforcement
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...
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Are Inventory Searches Dead? State v. Sanders Breakdown
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....
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Can Officers ID or Question Passengers? State v. Salas Breakdown
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.…
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Investigating Use of Force Incidents: What Every Officer Must Know
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...
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Confidential Informants: What's The Standard?
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...
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Are Knock and Talks Legal?
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...
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Can Police Trespass? Curtilage vs. Open Fields
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...
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Investigating Police Misconduct: With Marlon Marrache LAPD Ret.
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...
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The Why Matters: How Lessons Learned Can Keep You Out of Court... With Jon Becker
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...
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Understanding New Mexico's Recreational Marijuana Laws
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...
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Burnout in Law Enforcement: Helping Heroes With John Kelly
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:...
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Terry Frisks: Avoid Making This Crucial Mistake
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...
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How to Deliver Training in 90 Seconds at Shift Briefing With Jason Louis
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...
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So You Want to Be a Cop In New Mexico?
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...
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Policing the Mentally Ill
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:...
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Exigent Circumstances Explained
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....
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We Need Better Police Training
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…
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Community Policing: A New Path Forward
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:...
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Understanding Malicious Prosecution: Thompson v. Clark Analysis
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...
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No Miranda Warnings, Grounds for a Lawsuit?
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...
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Does Bail Reform Impact Policing?
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...
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Reasonable Suspicion Analysis (State v. Wing)
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....
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What is Qualified Immunity? What Every Officer Must Know
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...
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How-to Admit Your Evidence at Trial (Officer Prosecuted Cases)
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...
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Understanding Protective Sweeps: Maryland v. Buie
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…
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The Officer Prosecutor: Understanding the Process
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…
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How-to Draft a Search Warrant: Tips for Police Officers
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…
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Can I Search That Locked Container? NM Case Law Update!
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)...
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Terry v Ohio: Case Law For Cops
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…
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Can a Reserve Officer Make a Traffic Stop in New Mexico? State v Sommer Analysis
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...
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Investigative Detentions (Terry Stops) - What Questions Can I Ask?
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,...
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Inventory Searches - New Mexico Case Law Update!
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…
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Hot Pursuit in New Mexico - Every Officer Must Know!
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,...
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Hot Pursuit of Misdemeanor Suspects - Lange v. California Analysis
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)...
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Is Qualified Immunity Dead?
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…
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Cyber Security and Privacy - For Law Enforcement
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:...
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Aggravated Fleeing - NM Supreme Court Creates New Case Law
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...
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New Mexico Ends Qualified Immunity - Understanding HB 4
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…
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Top 3 Objections Every Officer Must Know
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...
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Consensual Encounters vs. Seizures
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…
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5 Tips For Testifying In Court
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:...
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Training and Experience - Forming Reasonable Suspicion
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...
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Reasonable Suspicion - The 3 Step Approach
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)...
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Introduction - a Podcast For Law Enforcement
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…
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