Best Anton Vialtsin, Esq Podcasts (2023)

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Can police ask if you are on probation or parole during a routine traffic stop? Pat down of driver. 12:36

2d ago12:36

12:36

On August 26, 2020, at approximately 2:32 AM, Odom drove past two California Highway Patrol officers at 92 miles per hour, in violation of California law. ECF No. 1 at 5. The officers followed the vehicle and instructed Odom to stop, roll down the windows, and turn off the car. He complied immediately. Dashcam 1:04-1:12. After the car stopped, Offi…

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Can police claim "community caretaking" functions during an illegal entry & search of a hotel room? 12:35

10d ago12:35

12:35

Under the Fourth Amendment, defendant had a legitimate expectation of *320 privacy in his rented hotel room. See Stoner v. California, 376 U.S. 483, 490, 84 S.Ct. 889, 11 L.Ed.2d 856 (1964); United States v. Kitchens, 114 F.3d 29, 31 (4th Cir. 1997). Additionally, warrantless searches are presumptively unreasonable unless the search falls within a …

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PART 4: "GPS Tracking Initiated at the Border" | US v. Ignjatov, GPS installed without a warrant 15:51

17d ago15:51

15:51

The Court concluded that “[o]nce the entity at issue is beyond the border, the concerns animating the border search doctrine, namely the integrity of the border, diminish, and the robust Fourth Amendment requirements adhere.” This was because the installation of a GPS device “implicates a search away from the border, once the target has gained entr…

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PART 3: "GPS Tracking Initiated at the Border" | 4th Amendment and the Border Search Doctrine 9:41

24d ago9:41

9:41

The Border Search Doctrine is one of the longstanding warrantless search exceptions to the 4th Amendment. Most searches at the border do not require a warrant or probable cause because of Congress’s authority to regulate commerce and maintain sovereignty. • Border Search can be classified as “routine” or “non-routine”. o Pat-Down or X-Ray versus Bo…

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PART 2: "GPS Tracking Initiated at the Border" | 4th Amendment and Technology #gps 10:30

1M ago10:30

10:30

The Fourth Amendment protects individuals from unreasonable government searches and seizures. •Seizures can be split into two categories. oA seizure of property is “some meaningful interference with an individual’s possessory interests in that property.” oA seizure of an individual occurs when an individual reasonably believes that he is not at lib…

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PART 1: "GPS Tracking Initiated at the Border" and Continuous Surveillance Within the US. #gps 7:01

1M ago7:01

7:01

The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This protection is not limited to only a physical intrusion on property. It also protects a person’s “reasonable expectation of privacy." Warrants are therefore necessary in almost all insta…

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Why did police think they can seize a van when it's clear that the warrant didn't authorize it? 18:20

2M ago18:20

18:20

Warrant. Defendant argues that the affidavit was insufficient because there is no information on the reliability of either confidential informant provided therein. Although the Court acknowledges that the affidavit lacks evidence related to the reliability of the two confidential informants, the information provided by the informants was sufficient…

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Can an intoxicated (drunk) person waive his Miranda Rights? Spontaneous statement by a suspect. 9:39

2M ago9:39

9:39

But intoxication alone does not preclude a valid waiver. See United States v. Figueroa-Serrano, 971 F.3d 806, 815 (8th Cir. 2020) (finding a valid Miranda waiver when the suspect, after using marijuana, did not appear affected by intoxication and told officers he understood his rights). Instead, the test is whether, considering the totality of the …

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Can medical professionals share results of diagnostic tests (drug tests) with law enforcement? 10:04

2M ago10:04

10:04

Held: A state hospital's performance of a diagnostic test to obtain evidence of a patient's criminal conduct for law enforcement purposes is an unreasonable search if the patient has not consented to the procedure. The interest in using the threat of criminal sanctions to deter pregnant women from using cocaine cannot justify a departure from the g…

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Can police search a car if there is probable cause to arrest passenger or he could not provide ID? 11:03

2M ago11:03

11:03

Passenger and vehicle searches have played a prominent role in Fourth Amendment jurisprudence. The Supreme Court has consistently held that probable cause is necessary to conduct a warrantless search of a vehicle. See Carroll v. United States, 267 U.S. 132, 160–62, 45 S.Ct. 280, 69 L.Ed. 543 (1925); California v. Carney, 471 U.S. 386, 390, 105 S.Ct…

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Can police search a property even if the owner is NOT implicated in the crime? You'd be surprised. 11:44

2M ago11:44

11:44

One might think that someone who didn't commit any crimes or even suspected of committing a crime would be afforded some protection under the Fourth Amendment, one that protects you against unreasonable searches and seizures. That is not so. “In situations where the State does not seek to seize ‘persons’ but only those ‘things’ which there is proba…

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Police search the entire vehicle because of a legal possession of less than 28.5g of weed. 9:05

3M ago9:05

9:05

The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ....” U.S. Const. amend. IV. Searches and seizures conducted without a warrant are “per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-del…

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Police unlawfully detained a bystander who had no apparent connection to the crime or the 911 call. 9:34

3M ago9:34

9:34

Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the report. The officer ran a records search and learned that the bystander, Duvanh Anthony McWilliams, was on parole and subject to warrantless, suspicionless parole searches. The officer proceeded to search…

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Can police search a car at the scene and 2nd time at impound lot? #4thamendment #car #illegalsearch 13:04

3M ago13:04

13:04

Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to exit his automobile, officers broke the vehicle's window, "Tased" and pepper sprayed him, forcibly removed him from the car, and arrested him for interfering with a police investigation. A warrantle…

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Why did the police remove the defendant's Buick key from his belt loop during a stop-and-frisk? 10:43

3M ago10:43

10:43

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. A “search” involves governmental infringement on “an expectation of privacy that society is prepared to consider reasonable,” while a “seizure” of property involve…

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Police search a semi-truck hauling a ford explorer. 40 pounds of meth found. Fourth Amendment. 7:58

4M ago7:58

7:58

"An individual asserting Fourth Amendment rights must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable." United States v. Russell , 847 F.3d 616, 618 (8th Cir. 2017) (citation omitted). "The defendant moving to suppress bears the burden of proving he had a legitimate expectat…

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Police cannot enter your porch or side garden and trawl for evidence with impunity. Curtilage. 6:36

4M ago6:36

6:36

In April 2021 the Springfield, Illinois police saw a Snapchat post of Jeremy Banks barbequing on his front porch with a gun sitting on the grill's side shelf. Because Banks was a convicted felon, the officers needed nothing more to request a warrant to arrest him for unlawful gun possession. But they skipped this step and instead proceeded to Banks…

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Can the government track your eScooter (Bird/Lime) with real-time location data without a warrant? 10:36

4M ago10:36

10:36

Synopsis Background: Lessee of motorized electric scooters brought action challenging constitutionality of city program requiring companies that leased such scooters to obtain permits from the city department of transportation, which, among other conditions, mandated that companies provide real-time location data directly to city for all leased sco…

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Can police search a camper truck without a warrant under a pretense of helping wife get her property 8:36

4M ago8:36

8:36

A search typically requires a warrant based on probable cause. SeeUnited States v. Dalton , 918 F.3d 1117, 1127 (10th Cir. 2019). "Searches conducted without a warrant are per se unreasonable under the Fourth Amendment—subject only to a few ‘specifically established and well-delineated exceptions.’ " Roska ex rel. Roska v. Peterson , 328 F.3d 1230,…

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Does mere presence of LAWFUL amount of marijuana on passenger justify probable cause to search car? 8:35

5M ago8:35

8:35

In People v. Lee (2019) 40 Cal.App.5th 853 [253 Cal.Rptr.3d 512], the court held a defendant's possession of a small amount of marijuana could not justify a probable cause search. (Id. at p. 856.) After initiating a traffic stop, officers discovered a small amount of marijuana on the defendant during a patsearch. (Id. at p. 857.) Officers then sear…

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Was defendant "in custody" for MIRANDA purposes following discovery of a firearm in a trash can? 10:16

5M ago10:16

10:16

The familiar Mirandawarnings are required for the “in-custody interrogation of persons suspected or accused of crime.” Miranda v. Arizona, 384 U.S. 436, 467 (1966) (emphasis added). And without those Miranda warnings, any statements made during a custodial interrogation are inadmissible in the prosecution’s case in chief. United States v. Leshuk, 6…

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[RESPONSE] Don't you have a right to a face-to-face confrontation with your accuser in court? 2:39

5M ago2:39

2:39

Response to "Error to allow juror to participate in criminal trial remotely by Zoom?" at https://youtu.be/4YrIOHuMZMM The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The right only applie…

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Error to allow juror to participate in criminal trial remotely by Zoom? 10:35

5M ago10:35

10:35

The Court of Appeals, Lasnik, District Judge, sitting by designation, held that: district court's alleged error in permitting juror to participate in criminal trial remotely did not fall within limited class of structural errors that could not be waived, and defendant's waiver of his right to insist that all jurors be present in courtroom during hi…

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Top 5 videos and criminal defense cases from LAWSTACHE in 2022. Happy New Year! 13:57

5M ago13:57

13:57

The following are the top 5 videos from LAWSTACHE in 2022 based on the number of views. 0:00 Introduction to top videos and cases 1:50 1. Is carrying a concealed knife or box cutter legal in California? Does the length of blade matter? 1:50 https://youtu.be/fzbfePRmpyQ A] morally blameless person carrying a concealed box cutter for innocent purpose…

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Was a warrantless search of defendant's cellular telephone by probation officers reasonable? 13:50

5M ago13:50

13:50

Appellant-Defendant Paulo Lara appeals his conviction for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g (1). At the time of his arrest, Lara was subject to a term of probation that required him to submit his "person and property, including any residence, premises, container or vehicle" to search and seizu…

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Can police search a backpack left at the hotel room? Reasonable Expectation of Privacy? 13:42

6M ago13:42

13:42

Holding that "because the hotel did not actually evict [the defendant], he maintained a reasonable expectation of privacy in his hotel room," and explaining that "[b]eing arrested is different from being evicted, and being arrested does not automatically destroy person's reasonable expectation of privacy in his hotel room." Full case here: U.S. v. …

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[RESPONSE] Nerber Video, Private Search Doctrine, Video/Audio Surveillance by Police or Citizens. 7:39

6M ago7:39

7:39

This is a response video to a comment left by JO BR on "Can FBI record citizens in a hotel room with a secret hidden camera without a warrant? Nerber (2000)" video found at https://youtu.be/txO6CPt7JKk [Published on 12/14/2022] The Fourth Amendment protects you against government intrusions and does not restrict private citizens. Under the private …

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Can FBI record citizens in a hotel room with a secret hidden camera without a warrant? Nerber (2000) 14:46

6M ago14:46

14:46

Evidence derived from video surveillance of a hotel room was suppressed by the United States District Court for the Western District of Washington, Thomas S. Zilly, J., and the United States appealed. The Court of Appeals, James R. Browning, Circuit Judge, held that: (1) the Fourth Amendment protects citizens from secret video surveillance in anoth…

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UNCONSTITUTIONAL: 922(n), which makes illegal receipt of a firearm by a person under indictment. 10:20

6M ago10:20

10:20

The Second Amendment is not a “second class right.” No longer can courts balance away a constitutional right. After Bruen, the Government must prove that laws regulating conduct covered by the Second Amendment’s plain text align with this Nation’s historical tradition. The Government does not meet that burden. Although not exhaustive, the Court’s h…

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LAWSTACHE LAW FIRM | San Diego Based Criminal Defense and Business Law 2:36

6M ago2:36

2:36

Every week, host Anton Vialtsin (California attorney and YouTuber) discusses legal cases from the Supreme Court, 9th Circuit, and California State Courts. We focus on the First, Second, Fourth, Fifth, and Eighth Amendments. We make predictions and scrutinize the law. Anton Vialtsin handled hundreds of federal and state criminal cases. He has an in-…

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UNCONSTITUTIONAL: 922(k), prohibits possession of a firearm with altered or removed serial number 12:39

6M ago12:39

12:39

Until recently, federal courts uniformly applied at least intermediate scrutiny to firearms laws and conducted a means-end analysis to determine whether the state’s interest in the regulation was sufficient to overcome whatever burden the law placed on one’s Second Amendment right. See, e.g., United States v. Carter, 669 F.3d 411 (4th Cir. 2012). I…

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Florida Federal Judge tosses suit challenging GUN BAN for medical marijuana patients. (POST-BRUEN) 10:24

7M ago10:24

10:24

Federal law prohibits certain people from possessing firearms. 18 U.S.C. § 922(g). Among them are convicted felons, fugitives from justice, and—relevant here—anyone “who is an unlawful user of or addicted to any controlled substance.” Id. As the parties agree, Florida’s medical marijuana users are “unlawful user[s] of . . . [a] controlled substance…

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What is the Single-Purpose Container exception to 4th Amendment warrant requirement? 9:31

7M ago9:31

9:31

The "single-purpose container" exception to the warrant requirement originated in the United States Supreme Court's decision in Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979), overruled on other grounds by California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991). The central question in Sanders was "wheth…

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Child can't waive privacy rights of her parents and does not have authority to consent to a search. 10:12

7M ago10:12

10:12

Although parents may choose to grant their minor children joint access and mutual use of the home, parents normally retain control of the home as well as the power to rescind the authority they have given. "It does not startle us that a parent's consent to a search of the living room in the absence of his minor child is given effect; but we should …

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Opening box truck's cargo door constitutes a search under 4th Amendment and police needed a WARRANT. 7:09

8M ago7:09

7:09

Yuen contends, inter alia, that Officer Kline's opening the rear cargo door without his permission violated the Fourth Amendment to the United States Constitution, and, therefore, all evidence the government obtained through exploitation of that illegality must be suppressed as “ ‘fruit of the poisonous tree.’ ” Wong Sun v. United States, 371 U.S. …

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Can police search a motorcycle saddlebag without a warrant as incident to arrest? 9:27

8M ago9:27

9:27

Defendant Hall was arrested at approximately 2:30 p.m. on May 14, 2008 after he exited a house trailer at 2233 East 8th Street, Lot 340, Pueblo, Colorado. Agents had an active arrest warrant and there is no dispute the arrest itself was legal. Immediately before the arrest, agents had observed Hall and a female companion leave another residence and…

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Officer threatens suspect that he will search his backpack in violation of the 4th Amendment, Part 1 9:05

8M ago9:05

9:05

In this case, a highway patrol officer announced he was going to search a suspect's backpack. That search would have violated the Fourth Amendment, because the officer did not have a warrant to search the backpack, and no exception to the warrant requirement applied at the time the officer made his announcement. In response to the officer's threat,…

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PART 2 of Howard Case. Officer threatens a motorcyclist that he will search the rider's backpack. 4:59

8M ago4:59

4:59

As mentioned at the outset, the dialogue between Ruffin and Howard on the side of the road had a certain unreality to it. A number of times, Ruffin seemed to go out of his way to tell Howard that he was not under arrest—even when Howard was in handcuffs and would not likely have believed he was free to terminate the encounter. Why did Ruffin go to …

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Border Patrol SEARCH cell phone WITHOUT a WARRANT by relying on search incident to arrest exception. 13:16

8M ago13:16

13:16

Search Incident to Arrest A search incident to a lawful arrest is an exception to the general rule that warrantless searches violate the Fourth Amendment. The exception allows a police officer making a lawful arrest to conduct a search of the area within the arrestee's “immediate control,” that is, “the area from within which [an arrestee] might ga…

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Charged with burglary despite not having any burglary tools and claiming to be visiting his cousin. 9:49

9M ago9:49

9:49

Early one October morning, defendant Isaiah Hendrix walked up to a house in **281 Oxnard, knocked on the door, and rang the doorbell. Hearing no response, Hendrix walked around the house to the backyard, opened a screen door, and attempted to open the locked glass door behind it. Then, failing that, Hendrix sat down on a bench and stayed there. Hen…

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Acceptance of responsibility levels under § 3.E1.1 of the federal sentencing guidelines. 7:18

9M ago7:18

7:18

Wilke contends that the district court erred by denying him the adjustment solely because of the time and money the Government spent before and at trial. According to Wilke, § 3.E1.1(a) of the Guidelines focuses only on whether, in its words, “the defendant clearly demonstrates acceptance of responsibility for his offense,” not on whether he saves …

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Legal possession of ammunition raises risk to society that justifies an arrest of the driver? 7:35

9M ago7:35

7:35

In a per curiam opinion, the panel affirmed the district court’s denial of Sergio Guerrero’s motion to suppress because of the consistent conclusions of Judge Gould and Judge Bea, which represent a majority of the panel, even though the reasoning of Judge Gould and Judge Bea in their separate concurrences is different. The panel noted that one exce…

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Judge orally approves the search of the home, but what does the 4th Amendment say about warrants? 7:03

9M ago7:03

7:03

The Fourth Amendment specifically requires a warrant to include a description of the “place to be searched.” The police officers here—at first—complied with that requirement, obtaining a warrant that listed a motel room suspected of being a hub for drug trafficking. The officers then decided to search the suspect’s home as well, and asked the judge…

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Pretextual inventory search conducted as a ruse for a criminal investigation. People v. Torres 2010 13:50

9M ago13:50

13:50

The purpose behind the decision to impound is crucial because of the reason for condoning inventory searches of impounded cars. "In the interests of public safety and as part of what the Court has called `community caretaking functions,' [citation], automobiles are frequently taken into police custody." ( Opperman, supra, 428 U.S. at p. 368.) "When…

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Reasonable Suspicion can't be a broad profile casting suspicion on entire categories of people 15:18

9M ago15:18

15:18

The Fourth Amendment's prohibition of unreasonable searches and seizures extends to the brief investigatory stop of a vehicle. United States v. Brignoni–Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 2578–79, 45 L.Ed.2d 607 (1975). An officer may not detain *246 a motorist without a showing of “reasonable suspicion.” Rodriguez, 976 F.2d at 594. This “obj…

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Cannabis is "not contraband” and “shall not constitute the basis for detention, search, or arrest.” 17:47

9M ago17:47

17:47

Following a traffic stop, officers searched Brandon Lance Lee's car without a warrant and discovered 56 grams of cocaine, a firearm, and other items associated with selling narcotics. After Lee was charged with various drug and weapons offenses, he filed a motion to suppress the evidence obtained from the warrantless vehicle search. The trial court…

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Can police SEARCH your RENTAL car if you are NOT an authorized driver on the rental agreement? 8:35

10M ago8:35

8:35

The Fourth Amendment guards “against unreasonable searches and seizures.” U.S. Const. amend. IV. To challenge the legality of a search under the Fourth Amendment, a criminal defendant must prove that he has a “legitimate expectation of privacy” in the item or area searched. “A person who is aggrieved by an illegal search ... of a third person's pre…

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Who decides whether a knife is a "Dirk or Dagger" under California law? DA? Judge? Jury? 7:45

10M ago7:45

7:45

"[S]ection 21310 makes it a criminal offense to carry `concealed upon the person any dirk or dagger.'" (People v. Castillolopez (2016) 63 Cal.4th 322, 327 [202 Cal.Rptr.3d 703, 371 P.3d 216]; see § 21310 ["any person in this state who carries concealed upon the person any dirk or dagger" commits a criminal offense punishable as a felony or misdemea…

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Is carrying a concealed knife or box cutter legal in California? Does the length of blade matter? 9:46

10M ago9:46

9:46

Penal Code section 16470 defines a dirk or dagger as "a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death." (Ibid. ) This definitional language is immediately followed by an exemption: "A nonlocking folding knife, a folding knife that is not prohibit…

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Police request for passenger to show driver's license constituted an unlawful seizure under 4th amd. 10:16

10M ago10:16

10:16

In prosecution for willfully and unlawfuly carrying concealed weapon and for willfully and unlawfully carrying loaded firearm in a public place, the Municipal Court, Los Angeles Judicial District, Ronald Schoenberg, J., granted defendant's motion to suppress evidence on ground that discovery of firearm resulted from unlawful search and seizure. Sta…

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