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Every week, 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 over a hundred federal criminal cases from initial client interviews through sentencing. He has an in-depth knowledge of the Federal Sentencing Guidelines, the Federal Criminal Codes and Rules, mandatory-minimu ...
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Heyyy… let's talk about JUSTICE! It's been a long day, pour some gin and have a seat. Justine and Amanda are shedding light on the inner workings of the criminal justice system, taking a deep dive into the many perspectives, and giving listeners a look at the system through the eyes of all walks of life. They discuss the successes and many failures of the system allowing listeners to understand the side of justice that’s often not portrayed. Gin & Justice highlights stories that are often fo ...
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Doggett v. United States, 505 U.S. 647 (1992), is a Supreme Court case addressing the right to a speedy trial under the Sixth Amendment. Facts: Marc Doggett was indicted in 1980 for drug-related charges. Shortly after the indictment, he left the United States. While authorities knew he was in Colombia and later Panama, they failed to apprehend him …
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Welcome to The Sports Detention Podcast—back for the 2025 season! We’re diving into all the biggest headlines in sport, with the latest Rugby League news, Boxing, UFC action, and Premier League drama. We break down the College Football National Championship and look ahead to the NFL Conference games. Our fan-favorite segments return, including “Who…
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A police officer looked in an apartment window through a gap in the closed blind and observed respondents Carter and Johns and the apartment's lessee bagging cocaine. After respondents were arrested, they moved to suppress, inter alia, cocaine and other evidence obtained from the apartment and their car, arguing that the officer's initial observati…
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Fourteenth Amendment Due Process Clause/Vehicular Tows The panel affirmed the district court’s grant of summary judgment for the City of Portland in an action brought by Andrew Grimm alleging that the City’s procedures for notifying him that his car would be towed were deficient under the Fourteenth Amendment’s Due Process Clause. Grimm parked a ca…
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Thank you all for an incredible year! I experienced the biggest surge in viewership, and it’s all because of your amazing support in sharing my videos. A special thank you to everyone who purchased my Do Not Arrest This Person t-shirts—you’ve made this journey even more rewarding! ~ Anton V. aka LAWSTACHE 1. NOT a crime for citizen to refuse entry …
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Ultimately, the Court is presented with two facts: (1) Mr. Russell consumed marijuana at least two hours before the stop; and (2) Mr. Russell may have had bloodshot, watery eyes and/or droopy eyelids. These facts put this matter on all fours with Patzer, where the driver was observed only to have “bloodshot and glassy eyes” and admitted to smoking …
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May officers, as a matter of standard procedure and in the name of "officer safety," detain and frisk a driver stopped for an equipment infraction solely on the basis that the stop occurs in a high crime area at night? Here we conclude that the Fourth Amendment does not permit such an intrusion and that any incriminating evidence flowing from the i…
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Welcome to The Sports Detention Podcast! This week, we delve into some wild conspiracy theories and discuss the potential for a Papua New Guinea NRL team. We cover the latest in cricket, boxing, UFC action, and all the drama from the Premier League and NFL. In "What's the Question?", we tackle intriguing sports puzzles, along with our usual punting…
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Most of us nowadays carry a cell phone. And our phones frequently contain information chronicling our daily lives—where we go, whom we see, what we say to our friends, and the like. When a person is suspected of a crime, his phone thus can serve as a fruitful source of evidence, especially if he committed the offense in concert with others with who…
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Welcome to The Sports Detention Podcast! This week, the Broncos make a bold statement, telling the boys to "put them away," while JD heads back to school. We dive into the latest in cricket, the action-packed UFC 310, and all the drama from the Premier League and NFL. Our "What's the Question?" segment returns, and we debut the exciting new game "W…
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The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons . . . and effects against unreasonable searches and seizures.” U.S. Const. amend. IV. A traffic stop is a “seizure” of “persons” within the meaning of the Fourth Amendment. Brendlin v. California, 551 U.S. 249, 251 (2007) (holding that passengers as well as the…
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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. When determining whether someone’s Fourth Amendment rights have been violated, “the ultimate touchstone . . . is ‘reasonableness.’ ” Brigham City, Utah v. Stuart, …
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The Fourth Amendment protects “[t]he right of the people to be secure in their persons ... against unreasonable searches and seizures.”U.S. Const.amend. IV. A traffic stop constitutes a “seizure” under the Fourth Amendment. Whren v. United States, 517 U.S. 806, 809–10 (1996);Delaware v. Prouse, 440 U.S. 648, 653 (1979). The reasonableness of a traf…
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Welcome to The Sports Detention Podcast! This week, we dive into the buzz around the Jake Paul vs. Mike Tyson fight and break down all the action from UFC 309. We also explore the NRL transfer window as clubs shake up their rosters and the Foxx trots into Parramatta, plus the latest from the NFL. Cricket heats up, and the EPL returns with all the d…
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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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This week, we break down the Pacific Championship final and dive into the action-packed Fast Five Netball tournament. We discuss the best (and worst) of bad taste dress-ups and provide a full Premier League review. Plus, we explore the buzz around the rumored Jake Paul vs. Mike Tyson showdown and catch up on cricket as it heats up in the subcontine…
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Following denial of his suppression motion, defendant pleaded guilty to possession of marijuana for sale. Defendant had approached the Needles, California plant quarantine inspection station in a vehicle bearing Michigan license plates. The quarantine officer, feeling that a more detailed inspection was necessary, identified himself and requested t…
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Welcome to The Sports Detention Podcast! This week, we’re breaking down another action-packed weekend of international rugby league, along with the latest from the Premier League as Manchester United searches for a new manager. The Melbourne cup gets a run as we prepare for the animal activist invasion. We cover UFC Fight Night highlights and celeb…
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Police stopped Robert Lidster at a checkpoint set up to find information about a recent hit-and-run accident. Lidster was arrested, and later convicted, for drunk driving. Lidster successfully appealed his conviction to the Illinois Appellate Court. It relied on the U.S. Supreme Court's decision in Indianapolis v. Edmond (2000) holding that a check…
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Welcome to The Sports Detention Podcast! We're back from another sabbatical and ready to dive into the action. This week, we break down the latest in international rugby league, talk superheroes, and review the carnage of UFC 308. We even throw in some Clint Eastwood nostalgia while covering the World Series. In "What's the Question?", we tackle mo…
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Homeland Security Investigations and Customs and Border Protection have credible information that an individual in the Baja California border region (the “Recruiter”) has placed help wanted advertisements on Facebook seeking persons to transport currency across the border. Credible information indicates at least some individuals who responded to th…
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We review questions of probable cause de novo, but with "due weight to inferences drawn from [the] facts by resident judges and local law enforcement officers." Ornelas v. United States,517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). We need only find that the issuing magistrate had a substantial basis for finding probable cause. Illinoi…
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Upon this evidence, and knowing that the box was at the airport in the possession of DEA agents, the magistrate issued a warrant for a search of Hendrick's residence at N. Sidney. Although the warrant states that "on the premises known as 2835 N. Sidney . . . there is now being concealed . . . a . . . cardboard box [containing cocaine]," (emphasis …
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Welcome to The Sports Detention Podcast! This week, we wrap up the Rugby League season in the northern hemisphere as Wigan secure back-to-back titles. We dive into plenty of Netflix content, including deep dives into the Menendez murders and Receiver. There’s also a UFC review and a spotlight on former rugby star Rocky Elsom. In "What's the Questio…
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The Ninth Circuit has repeatedly affirmed searches of homes of suspected drug dealers even where there is no direct evidence linking the homes to illegal activity, because the presence of evidence in a drug dealer's home is a reasonable inference to draw. See, e.g., United States v. Fannin, 817 F.2d 1379, 1381–82 (9th Cir.1987); United States v. An…
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Welcome back to The Sports Detention Podcast! After a brief holiday break, we're back to dive into the action. The Rugby League season concludes with Penrith making history by completing four straight titles, while the Swans completely drop the ball. We break down UFC 307, and Netflix gets a solid workout. In "What's the Question?", we tackle more …
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The general rule in the Ninth Circuit concerning knock and talk encounters is: Absent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and kno…
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It is well established that, even when officers have probable cause to believe that contraband is present in a home, a warrantless search of the home is unlawful unless exigent circumstances exist at the time of entry. See Payton v. New York, 445 U.S. 573, 589, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). The government bears the burden of demonstrating …
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Welcome to The Sports Detention Podcast! We're coming to you early this week as we dive into the Rugby League finals heading into the prelims. With the Sydney Swans making the Grand Final, we’re throwing some AFL into the mix too! In "What's the Question?", we explore the best boilovers in sport. We’ve got the Premier League wrap, the latest from t…
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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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Welcome to The Sports Detention Podcast! This week, we break down the Rugby League finals as another two teams bite the dust. In "What's the Question?", we explore the greatest voices and the best excuses in sport. We also dive into the Premier League wrap and take a look at NFL Week 2. UFC 306 delivers some thrilling moments, and as always, we cov…
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Petitioner city operates vehicle checkpoints on its roads in an effort to interdict unlawful drugs. The District Court denied respondents a preliminary injunction, but the Seventh Circuit reversed, holding that the checkpoints contravened the Fourth Amendment. Held: Because the checkpoint program's primary purpose is indistinguishable from the gene…
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Welcome to this week's episode of The Sports Detention Podcast! We're diving into a wild clash of footballers vs highway patrol officers—who will come out on top? Plus, we wrap up the NRL regular season, as the NFL season kicks off across the pond. We look at the worst historical attempts to grow the game. In combat sports, UFC action heats up. We’…
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Because the Fourth Amendment protects "people, not places," Katz v. United States, 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), Davis must first demonstrate that he personally had a "legitimate expectation of privacy" in the place searched or the thing seized. Rakas v. Illinois,439 U.S. 128, 143, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). If t…
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As a general matter, “police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supportedby articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” At the outset, we note that the Supreme Court has held “actual” roadside drug checkpoints are unconstit…
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Welcome to The Sports Detention Podcast! This week, we talk about the surprising news of Paul Kent having Asperger's and break down the Rugby League finals outlook. We also tackle the strange trend of blokes pretending to be Indigenous. "What's the Question?" takes a deep dive into unfair sackings in sports. The Premier League has practically disap…
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Welcome to The Sports Detention Podcast! This week, Jermaine Jenas seeks legal advice, and we dive into a heated discussion on the Rugby League immortals. The NRL top 8 race continues to drag on, and "What's the Question?" explores the greatest Rugby League players caught with the devils dandruff. The Premier League is back, leaving the boys misera…
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As an exception to the warrant requirement of the Fourth Amendment to the United States Constitution, "police may, without a warrant, impound and search a motor vehicle so long as they do so in conformance with the standardized procedures of the local police department and in furtherance of a community caretaking purpose, such as promoting public s…
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Welcome to The Sports Detention Podcast! This week, we dive into the strange world of people selling their strata data and break down the NRL top 8 race, which is now down to just two contenders. UFC 305 delivers the action, and the Premier League is back in full swing. Join us for our thought-provoking segment, "What's the Question?", enjoy the in…
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This court recognized the emergency exception to the Fourth Amendment's warrant requirement in United States v. Cervantes,219 F.3d 882, 889 (9th Cir. 2000). In Cervantes, this court held that the emergency exception doctrine justified an officer's entry into an apartment to investigate a chemical smell associated with methamphetamine production. Id…
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Around midday on December 7, 2004, three uniformed police officers entered the fenced-in backyard of a private home in a residential neighborhood of Portland. Guns drawn, but without a warrant, one scaled the fence and another kicked open a padlocked gate leading into the backyard. The only information the officers had at that time was (1) a call f…
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Welcome to The Sports Detention Podcast! We've come a long way since Mrs. Doubtfire as the Olympics bring up some intriguing gender questions. Australia shines with gold galore in the water, and we crown the fastest man and woman in the world. In the NRL, it seems no one outside of the top 4 wants to be in the finals. The UFC hits Abu Dhabi with ex…
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https://youtu.be/dKtN0rEI-rs The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const., amend. IV. “[H]ouses,” for Fourth Amendment purposes, include a home's curtilage, and a home's “front porch is the cla…
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Welcome to The Sports Detention Podcast! The Paris 2024 Olympics are underway, and we're hooked on the excitement. Join us as we dive into the finals race heating up in the NRL and the latest action from the UFC. Football hits pre-season, bringing new energy and anticipation. Engage with our thought-provoking segment "What's the Question?", enjoy t…
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Welcome to The Sports Detention Podcast! This week, we’re buzzing with Olympic fever as the games approach. We’ll cover the latest in boxing and provide a weekly wrap of the NRL. Get insights on the British Open golf and the Tour de France. Engage with our intriguing segment "What's the Question?", enjoy the internet's undefeated moments, and don’t…
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The knock-and-talk exception permits police “to encroach upon the curtilage of a home, for the purpose of asking questions of the occupants.” United States v. Lundin, 817 F.3d 1158,1158 (9th Cir. 2016) (cleaned up). The exception is based on the theory of implied consent: a resident's consent is implied from the custom of treating the “knocker on t…
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Welcome to The Sports Detention Podcast! This week, we explore the strange feud of fighters trash-talking Navy Seals online and the hilarious story of footballers farting at their coach. We provide a weekly wrap of the NRL and discuss sick days in sport. Dive into the excitement of the Wimbledon tennis finals and the Euros, which leave England disa…
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Around 4:00 a.m. on April 23, 2013, three northern California law enforcement officers approached Defendant Eric Lundin's home without either an arrest warrant or a search warrant. They came onto his front porch and knocked on his door *1155 with the intent of arresting him. From the front porch where they were standing, the officers heard crashing…
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Welcome to The Sports Detention Podcast! This week, we wrap up the latest NRL action and dive into the world of TV soaps. We'll cover the excitement as Wimbledon tennis gets underway and the Euros heat up in the business end. Get the latest on UFC 303 and engage with our thought-provoking segment "What's the Question?". Plus, enjoy the best of the …
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On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with methamphetamine residue, and a metal pipe with marijuana residue. The officers believed the Nagant rifle was the same one that a third party had previous…
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