HR Tanner Consulting LLC

Advancing Knowledge

Improving Skills

Training to Advance Knowledge and Improve Skills

Bringing decades of experience to deliver high quality, affordable Training

To check on availability and rates contact me  at This email address is being protected from spambots. You need JavaScript enabled to view it. or at (616) 894-1193.


Stay informed and in touch, click on the books to subscribe to Factum Probans, my newsletter about current issues and upcoming events

law books patrick moore 

Yes, I want to stay informed! Sign me up!

* indicates required


Upcoming Trainings

After a taking a break from most in-person events made necessary by the pandemic and health concerns, I'm easing into the world again! I am working a limited in-person schedule for 2022, which means that you should contact me soon to reserve the opportunity to bring high quality trainings to your location. 

Webinar Capacity Upgrade!

During the break I did a limited number of webinars and other virtual trainings. In anticipation of those virtual events, and believing that demand for virtual events will continue,  I greatly increased my capacity to deliver effective virual training. I upgraded my video studio  with new lighting, HD cameras, and new microphones. I improved my high speed internet service, more than doubling speed. Contact me to take advantage of my ability to come to you virtually. 



Recent Trainings and Appearances 

Arizona Prosecuting Attorneys Advisory Council
September 14 and 15, 2021
Chandler, AZ


Herb Works with Dallas Morning News Investigation  Into Police Pepperball Shooting

 I had the pleasure of working with investigative Reporter Miles Moffet on his series of stories into the Dallas Police Department's response to Black Lives Matter protests after the murder of George Floyd. Miles is a really thoughtful guy. He and his team were very thorough in their reporting. We actually spent as much time talking about ethics and fairness as we did the shooting and the background of the officer involved. You can read some of the stories here. Reading the whole article requires a free subscription to the Dallas Morning News' email news updates. Miles' articles on the DPD response and the officer who shot the protester with a pepperball are available if one subscribes to the Morning News. A one-week subscription is $0.99. Worth it, not only because I'm quoted in one of the articles, but because dthe Dallas Morning News is a nationally respected newspaper, and the paper of record for Dallas, if not all of Texas. 

Herb Interviewed in DoorDash Driver Stopped Case

I had a couple of interviews with the reporter on this case. It particuarly resonated with me because my son is a DoorDash driver. At the time we taped the interview, we didn't know that the substance siezed from the driver's car turned out not to be drugs. 

Factum Probans March 2022

Small Red flag under pistoly

Extreme Risk Protection Orders - Raising the Red Flag

Ever get the feeling that everything is connected in some way? That odd sense you get when a seemingly chance event suddenly reveals itself to be more than simple coincidence? In the BBC television series starring Benjamin Cumberbatch as a modern-day Sherlock Holmes and Martin (Bilbo Baggins) Freeman as his erstwhile companion, Dr. Watson, Holmes says that he doesn’t believe in coincidence because “the Universe is rarely that lazy.” Color me a coincidence skeptic, and not an outright non-believer; open to the possibility that coincidences do happen, but also open to the possibility that two seemingly random events are, in fact, connected in some mysterious way. These musings came up again when a recent DOJ model statute for Extreme Risk Protection Orders (ERPO) crossed my desk. 

 The sense of connectedness arose because just a few months ago the issue of privacy and ERPOs was raised by Justice Alito in a concurring opinion I reviewed in my last Newsletter. To recap, in Edward A. Caniglia v. Robert R. Strom, et al.593 U.S. ___ (May 17, 2021), the issue before the Court was whether the warrantless search for and seizure of firearms from Caniglia’s home, after he had agreed to go by ambulance to a mental health screening, was justified by a caretaker exception to the 4th Amendment. The Court unanimously ruled no such free-standing exception existed. Justice Alito wrote separately highlighting the issues that were not decided in the case, including the extent of protection afforded by the 4th Amendment when the police respond to an individual subject to an ERPO. Put another way, does seizure of firearms from one subject to an ERPO violate the 4th Amendment? Justice Alito suggested that a challenge to ERPO laws is possible. The universal question is this, can an Extreme Risk Protection Order statute be drafted consistent with the privacy rights of the respondent? 

A little background is in order. ERPOs, colloquially red-flag laws, came about in response to the perceived rise in gun violence, including suicide, and the apparent inability of Congress to address it. The theoretical underpinning of all the laws is that lives will be saved by authorizing temporary bans on firearm possession by a person in crisis. 

My research found 20 states and District of Columbia had red-flag laws (Oklahoma is the only state that has an anti-red-flag order law). Almost all states authorize a court to issue ERPOs ordering the respondent to turn over any firearms to law enforcement or some other designee at the time the order is served and prohibiting the possession of firearms while the order is in effect. Other states go farther providing for the issuance of a search warrant, sometimes as part of the order itself directing law enforcement search for and seize any firearms owned or possessed by the respondent.

Within that general framework the procedures vary considerably from state to state. Important issues include deciding who may file a petition, should short-term temporary orders be issued ex parte, what must be shown by petitioner to justify an ERPO, what is the burden of proof, and should those things be different for an ex parte order than for one of longer duration. How and when prohibited firearms can be searched for and seized is always an issue, as is how violations of the order are to be addressed. The state of play is, in a word, confusing.

What’s needed, you cry out, is a model law that addresses these issues.  Well, the federal government has heard your pleas and supplications, and the U.S. Department of Justice is here to help. OK, I know nobody asked for a model law, but as these things often are it is more an encouragement for the states without red-flag laws to consider adopting them and presents options for addressing most of the issues. 

But the model law and commentary (find it here) do little digging into the nuts and bolts of the statutes of the kind that reveals the policy decisions behind individual state laws. Nor do they provide any kind of comprehensive survey of the laws that can provide valuable context for those who might be considering proposing legislation in their jurisdiction. 

Being curious about red-flag laws myself, I created an interactive chart setting out what I thought are some important aspects of each state’s law. Here are some of the highlights.

Continue Reading


To check on availability and rates contact me  at This email address is being protected from spambots. You need JavaScript enabled to view it. or at (616) 894-1193. 


What People are Saying about Herb's Trainings 

"Again, thank you for your time, knowledge, and efforts to share your experiences.  It was a great 2-days and I wish to learn much more."
Program Specialist assisting in Title IX investigations

"I just wanted to say thank you for such an excellent lecture. It was extremely insightful and definitely had me thinking about how I would begin to form how I would conduct interviews on such a difficult topic. It was nice for me (someone who's never interviewed a victim like that) to go in with no knowledge or bias and be able to completely absorb what you were teaching."
Law enforcement intern and future Law Enforcement Office

"Thank you so much for the really excellent presentation on Tuesday! Our entire team thought it was spot-on content-wise, and you offered it to the participants in a way that was easy for them to understand."
Program director, national TA provider