Are Inventory Searches Dead? New Mexico Case Law Limits Inventory Searches.

New case law places significant limitations on inventory searches. Law enforcement professionals, join us as we break down the crucial details and discuss the implications of this landmark decision, aiming to enhance your understanding of evolving legal standards in search and seizure procedures.
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.
Legal Training for Police Officers:
policelegaltraining.com
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: tacticalattorney.com/upcoming/
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 policelegaltraining.com
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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.

[@kalebhuffnus6282]

I have qustion concerning New Mexico Statutes Section 30-22-3 Concealing Identity. My Qustion revolves mostly around. What constitutes the right to charge someone with concealing identity. I understand that during a traffic stop that the driver must provide ID. But what if the person is pedestrian in a public space? Is it then only reliant on reasonable suspension of wrong doing, or do officers have a right to identity someone regardless? Also if possible ID love to hear you go in detail about 1999 State V Johnson. I think it's a little unclear about time of response to show identification.

[@tacticalattorney]

Great question. The concealing ID statute only applies when an officer has reasonable suspicion to detain. Ordering someone to show an ID is a seizure, therefore officers must have reasonable suspicion. I train officers to always ensure that they have reasonable suspicion before ordering ID. I am not familiar with State v. Johnson but I have litigated this issue before. I teach officers to give as much time as possible to comply. There is no set amount of time but the Fourth Amendment's touchtone is "reasonableness".

[@jerryboyer5200]

Another GREAT lesson Eric. Thank you.

[@tacticalattorney]

Thank you sir!

[@kaynesovereign9372]

I love how this is a channel for cops to learn the law and the videos have so few views (most probably not cops watching)… because cops don’t want to know the law. If they can be shown to know the law and people’s rights and violate that then they might lose their beloved qualified immunity.

[@JRod1441]

Great trainings and great lessons to be learned! Much respect!

[@tacticalattorney]

Much appreciated! You guys were a great class, I enjoyed it!

[@JRod1441]

Definitely looking forward to training more!!!

[@christiancampbell466]

I had to laugh at the idea of cops being held liable for claims of loss or stolen property. I mean, I’m sure it’s happened more than never, but you’d probably have to be a pretty prolific thief to catch even a suspension.

[@frankdoss6313]

I wonder if they actually log what they find in this inventory. There is no way they can on the road side.

[@frankdoss6313]

Why is it that citizens' rights are considered "unfortunate?"

[@thunderthumbz3293]

A side question. You mentioned in a lawventure podcast that your happy with no longer trying cases. Would you ever go back into private practice, to do criminal defense? Also why didn't you try State AG's or Fed AG's if the the county attorney case load was to high? Were there things you could have done to mitigate leaving the courtroom early? As a litigation attorney I am contemplating leaving the profession but don't know if its nature or environment. Like how can some famous trial lawyers do the work for 40 years and enjoy it and I on the other hand have a hard time dealing with the stress and performance pressures on a regular basis. Maybe I don't want admit I made a career mistake.

[@tacticalattorney]

Thanks for the comment. You sound a lot like me a few years ago. It's a stressful profession. I was so burnt out I had to look for something new. I found meaning and passion in what I do now (working with law enforcement and prosecutors). When you are passionate about what you do it helps fight burnout. If litigation is leading to burn out, try spending at least 20% of your time working on the things that you are most passionate about. As for me, I do not see myself returning to the courtroom but never say never! Send me an email I would be happy to further discuss ways I have learned to deal with burnout.

[@thunderthumbz3293]

@@tacticalattorney Thank you for the feedback, its greatly appreciated.

[@kapekodbob]

New Mexico has got the right idea. Keep the kops outah my containers ! We need less laws. Free up the courts for capitol offenses.