Investigating Use of Force Incidents

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.
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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
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.

[@originalgangsta794]

Anyone of you who can be man enough to trade the sides of the gun with said criminal i salute you! Respect is Universal

[@holdingcopsaccountable6554]

This guy started 1982, before cameras. Now with cameras, cops are going to the dust bowl of history!

[@dougstaines986]

Re: “My listeners have a short attention span” Like cops.

[@shaundonovan2193]

Great discussion. Better than the class I received in the academy

[@tacticalattorney]

Glad you took some value from it!

[@alanpeterson4939]

With all the first amendment audits on KZbin, how about providing some explanations of filming in public, demanding ID, and trespassing on public property?

[@tacticalattorney]

It's on the list. Thanks!

[@tonylove7211]

The Sr officer/investigator said "A lot has changed!, back then all I had to do was to get an officer to say I was in fear for my life" good shoot or not, the officer just has to say I was in fear for my life 😢 cops can not investigate themselves.

[@originalgangsta794]

I love how you feel the pressure to do your job in good faith judgement and officers are actually being held accountable to the Higher standards of honoring the code which you all pledge your oath and life to protect. Just imagine if the shoe flipped and the cartels were doing the same thug boat gang cops do. If any cop would be okay with a group or gang torcher you and cause emotional trauma to the people who are your job to protect. Would you feel save? Be accountable damnit

[@darcicampbell8545]

I also agree on making sure the narrative has all the important information. So, my question is your suggestion on how to handle when your chain of command pushes back saying your adding too much and don't allow your report to proceed up the chain until you remove some information? I've had this happen multiple times with a previous LEO employer. This question is more broad and not just about UOF.

[@tacticalattorney]

This certainly could be a challenging issue. Like most things, I would be prepared to explain why you are using the particular word you are using. As an attorney, it's frustrating for me when a judge does not know the law. I take the opportunities to educate the Judge while not sounding like I'm a know it all. I think if you can explain the law and why you are using particular language, it can go a long way.

[@mikhaelis]

@@tacticalattorney zx0zzxzzzzxzzzzzzxz pp pp

[@jiujitsupro]

Has Albuquerque PD reached out to you about training?

[@tacticalattorney]

I have had a few conversations but nothing has materialized as of yet. I would love to come up and do some training!

[@jiujitsupro]

There are talks about wanting to bring you to the academy for legal updates but I think the barrier is affordability. @@tacticalattorney

[@tacticalattorney]

@@jiujitsupro I'm flexible. Have them give me call or email me.

[@jewelciappio]

What happens when an officer is assaulted and their department tries to claim it wasn’t justified self defense?

[@tacticalattorney]

Your report would become even more Important under these circumstances. Your ability to articulate the facts and details may lead to liability or negative admin action even if it were justified.

[@Bob9961]

Your voice sounds richer, with more presence, when the mic is pointing at your mouth.

[@tacticalattorney]

Thanks. I'm still working on finding the sweet spot with the SM7B.

[@holdingcopsaccountable6554]

Cops word is no good anymore. To many videos showing the cops are criminals. You would not be doing this video if there were no cameras!😂😂😂 😂😂. Now cop need these videos. Hopefully the good cops start stopping the tyrants!

[@lt4753]

A good attorney should know how to defend cops.

[@holdingcopsaccountable6554]

Cops shouldn’t commit excessive force 😂😂😂😂😂

[@lt4753]

@@holdingcopsaccountable6554 They don’t. But you prob think chavin killed fentanyl Floyd.

[@NinaSaffold-ko8cy]

No knock want about innocent bystanders life

[@mikhaelis]

Nothing says unbias investigator like a cop investigating another cop getting on the first name basis and giving him legal advice on what he needs to tell his lawyer to get out of it. There is no law for officer safety. You don't get to pull the trigger and kill someone just because you felt unsafe without any sort of actual reasonable evidence. I feel unsafe anytime on police officer approaches. It's a well-known fact they don't know the law,, they make up the law as they go,, the only time they're contacting you is to give you a ticket or try to arrest you,, inglis cases in the US show that cops use deadly Force anytime they can get away with it, and they always approach armed and aggressive wanting to try to get a paid vacation by killing you with impunity. Also does this cotton know anything about the current laws? If you put this program on your phone and then you use it to help this case it becomes evidence. A personal phone does not prohibit it from being seized on the warrant for evidence. The fact that you make any evidence avabel only to an encrypted cloud and not on the phone shows that this is premeditation that you have engaged in some sort of illicit behavior that you're now trying to cover keep away from the law. Ibwonder how many times this cop is let dirty cops go free for killing people because they use the magic phrase I was in fear of my life. I'm sure there's a special place in hell for people who helped murderers go free.

[@holdingcopsaccountable6554]

No knock. Why not wait until you get whoever. You know people coming out of sleep reaction are different. Cops know that and count on it. Cowards.

[@tonylove7211]

He teaching police how to lie.

[@fullthrottletreeservice4101]

Cops using excessive force is a terrible thing especially when its not justified. It seems like yall are trying to protect the cops that committ these crimes of excessive force. Excessive force is just that....too much force used unnecessarily and that is a crime

[@shaundonovan2193]

No, they are teaching an officer how to articulate their use of force, not hurt people for no reason. Many cops are not as educated as lawyers and the lawyers are using their tools (knowledge) against officers who fail to properly document an incident.