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

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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 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

SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copy

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 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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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.

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

SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copy

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

SIGN UP FOR MY NEWSLETTER TO STAY UP ON CHANGES IN THE LAW HERE: https://www.subscribepage.com/tacticalattorney_copy

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/

GET A COPY OF JOHN'S LETTER HERE: https://www.subscribepage.com/i6v3q0

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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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 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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Watch the podcast on YouTube here: https://www.youtube.com/watch?v=naZYY6eonng

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.