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Did police abandon the 4th Amendment, when searching abandoned vehicle at the bank parking lot?

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Manage episode 373798063 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Alexander Hillel Treisman appeals the district court's denial of his motion to suppress evidence that police discovered while searching his van without a warrant. But warrantless searches of vehicles carried out as part of law enforcement's community caretaking functions do not violate the Fourth Amendment if they are reasonable under the circumstances. And because the record here supports the district court's conclusion that the officers acted reasonably in searching the van under their community caretaking functions, we affirm.
The Supreme Court first mentioned this concept in Cady v. Dombrowski, 413 U.S. 433 (1973). There, the Court explained,
Some [contacts between citizens and police involving automobiles] will occur because the officer may believe the operator has violated a criminal statute, but many more will not be of that nature. Local police officers [] frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as community caretaking functions ....
Id. at 441. Elaborating, the Court described community caretaking functions as conduct "totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." Id. And it also clarified that the test for evaluating whether community caretaking searches violate the Fourth Amendment is reasonableness. Id. at 442. In other words, is the search reasonable given the totality of the circumstances?
Full case here: United States v. Treisman, No. 21-4687 (4th Cir. Jun. 23, 2023), https://casetext.com/case/united-states-v-treisman

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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110 episodes

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Manage episode 373798063 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Alexander Hillel Treisman appeals the district court's denial of his motion to suppress evidence that police discovered while searching his van without a warrant. But warrantless searches of vehicles carried out as part of law enforcement's community caretaking functions do not violate the Fourth Amendment if they are reasonable under the circumstances. And because the record here supports the district court's conclusion that the officers acted reasonably in searching the van under their community caretaking functions, we affirm.
The Supreme Court first mentioned this concept in Cady v. Dombrowski, 413 U.S. 433 (1973). There, the Court explained,
Some [contacts between citizens and police involving automobiles] will occur because the officer may believe the operator has violated a criminal statute, but many more will not be of that nature. Local police officers [] frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as community caretaking functions ....
Id. at 441. Elaborating, the Court described community caretaking functions as conduct "totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." Id. And it also clarified that the test for evaluating whether community caretaking searches violate the Fourth Amendment is reasonableness. Id. at 442. In other words, is the search reasonable given the totality of the circumstances?
Full case here: United States v. Treisman, No. 21-4687 (4th Cir. Jun. 23, 2023), https://casetext.com/case/united-states-v-treisman

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

  continue reading

110 episodes

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