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


Manage episode 351571869 series 3389815
By Anton Vialtsin, Esq. and Anton Vialtsin. Discovered by Player FM and our community — copyright is owned by the publisher, not Player FM, and audio is streamed directly from their servers. Hit the Subscribe button to track updates in Player FM, or paste the feed URL into other podcast apps.

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
A] morally blameless person carrying a concealed box cutter for innocent purposes, such as a grocery store worker, carpenter or car mechanic, cannot be convicted of violating Penal Code section 21310. Defendant was convicted of violating section 21310 because he inflicted a deep, bloody wound on the victim and yelled at the victim as he sat slumped against a wall that defendant would kill him (and the eyewitness, too), leaving the victim in hysterical fear of death. This defendant was not morally blameless, and our holding does not invite prosecutors to prosecute morally blameless people.
Full case here: People v. Hester, 58 Cal.App.5th 630, 272 Cal. Rptr. 3d 648 (Cal. Ct. App. 2020),
4:50 2. Part 1: Introduction to Conspiracy Law. Multi-part series exploring criminal conspiracy cases.
This is the first video in a multi-part series on criminal conspiracy law. In the next dozen videos, I will dive deeper into conspiracy law and discuss relevant cases in detail.
Generally speaking, a conspiracy has three elements. 1. Agreement between two or more persons to commit an unlawful act; 2. Knowledge of the agreement and voluntary participation; and 3. Overt act.
6:00 3. Impermissibly prolonged traffic stop in violation of 4th Amendment. Drugs found in car - suppressed
In Rodriguez v. United States, 575 U.S. 348 (2015), the Supreme Court explained that an officer’s authority to seize the occupants of a vehicle ends when “tasks tied to the traffic infraction are—or reasonably should have been—completed.” Id. at 354.
8:42 4. Pretextual inventory search conducted as a ruse for a criminal investigation. People v. Torres 2010
The decision to impound the vehicle must be justified by a community caretaking function "other than suspicion of evidence of criminal activity" ( Bertine, supra, 479 U.S. at p. 375) because inventory searches are "conducted in the absence of probable cause" ( Whren, supra, 517 U.S. at p. 811). "
9:52 5. How police should NOT conduct a knock-and-talk at your door step. Illegal conduct & tainted warrant.
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)

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