Unlawful Police Home Entry: Violating Fourth Amendment Rights of House Guests | Girlfriend Apartment LAWSTACHE LAW FIRM 2023-08-30 | In Steagald v. United States, 451 U.S. 204 (1981), the Supreme Court held that, in the absence of valid consent or exigent circumstances, warrantless searches are per se unreasonable and violate the Fourth Amendment. Id. at 211, 101 S.Ct. 1642. Here, the only warrant the police possessed at the time they entered Cruz's home was an old warrant for Medina's arrest for driving a car with a suspended license. In Steagald, the Supreme Court stated that an arrest warrant for a non-resident was insufficient to authorize a search of a third party's home.Id. at 216, 101 S.Ct. 1642. Operating under the premise that the police did not have valid consent or exigent circumstances to search Cruz's home, Medina contends that the search by the HPD violated the principle stated in Steagald.What about girlfriend's consent in this case?Consent is not voluntary if it is merely the acquiescence to a claim of lawful authority. Bumper, 391 U.S. at 548-49. Moreover, "[w]here there is coercion, there cannot be consent."Id. at 550. Consent must be voluntary and courts look to several factors in order to determine whether consent was given voluntarily or through coercion. United States v. Barnett, 989 F.2d 546, 554-55 (1st Cir. 1993). Those factors include age, education, experience, intelligence, knowledge of the right to withhold consent and evidence of coercive means or inherently coercive circumstances. United States v. Corain, 198 F.3d 306, 309 (1st Cir. 1999). No one factor is determinative because the Court must examine the totality of the circumstances surrounding the purported consent. Barnett, 989 F.2d at 554-55.Read full case here: U.S. v. Medina, 451 F. Supp. 2d 262 (D. Mass. 2006), casetext.com/case/us-v-medina-10Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Last Video and Top 5 cases of 2023! Happy New Year! Buy Do Not Arrest T-Shirt at LAWSTACHE.com/MERCH LAWSTACHE LAW FIRM 2023-12-27 | 1. Know Your Rights: Can Cops Inquire About Probation/Parole in Routine Traffic Stops? Driver Pat-Downs youtu.be/98LFwrhsMHE2. Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker? We can conceive of no reason to distinguish a garage, where people spend time, work, and store their possessions, from a den or a kitchen, where people spend time, work, and store their possessions. Simply put, a person's garage is as much a part of his castle as the rest of his home. youtu.be/DIZJHIFj7m03. Outrageous: Wearing a Fanny Pack Over Your Shoulder Could Land You in a Police Search!?! The circumstances surrounding this case, which encompasses the officer's expertise in retrieving firearms from fanny packs, Mr. Hagood's unconventional method of wearing the fanny pack, his nervous demeanor upon encountering the officers, and the late hour within a high-crime neighborhood, collectively established reasonable suspicion. youtu.be/BhdNVayyLXo4. Police cannot enter your porch or side garden and trawl for evidence with impunity. Curtilage. “[P]rivacy expectations are most heightened” in the curtilage, because that area is “intimately linked to the home, both physically and psychologically.” California v. Ciraolo, 476 U.S. 207, 213, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986). And the right to retreat into the home “would be of little practical value if the State's agents could stand in a home's porch or side garden and trawl for evidence with impunity.” Jardines, 569 U.S. at 6, 133 S.Ct. 1409. Put even more directly, the curtilage is “part of the home itself for Fourth Amendment purposes.” Id. (quoting Oliver, 466 U.S. at 180, 104 S.Ct. 1735). youtu.be/tXCU1kramqM5. Airport Worker Searches Luggage in Hopes of Getting a Monetary $$$ Reward From the DEA. The Court of Appeals, J. Blaine Anderson, Circuit Judge, held that action of airline employee in opening a “Speed Pak” was that of a government agent where only reason he opened case was his suspicion that it contained illegal drugs, employee, who at one time had been a listed informant, expected a probable reward from Drug Enforcement Administration, DEA agent testified that such expectation was reasonable and that although agency had no prior knowledge of the particular search and had not directed employee to perform it, it had encouraged him to engage in such types of search and employee had previously opened Speed Paks with no discouragement from the agency and had been rewarded for providing drug information in the past, although his informant's file had previously been closed. United States v. Walther, 652 F.2d 788 (9th Cir. 1981). youtu.be/t_Oq6bDwiOUAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Did police illegally seize a luggage bag when they removed it from cargo area of the bus? LAWSTACHE LAW FIRM 2023-12-13 | The Supreme Court held in United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984), that a Fourth Amendment "`seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property." Id. at 113, 104 S.Ct. 1652. In Va Lerie, this court, en banc, applied Jacobsen in the context presented by this case-property entrusted to a third-party common carrier. Va Lerie, 424 F.3d at 701-03, 708 n. 9. Va Lerie presents similar facts, and, thus, this case turns on whether Va Lerie, in which the en banc court concluded that a seizure did not occur, id. at 708-09, is distinguishable from this case.In Va Lerie, the en banc court determined that law enforcement's detention of property entrusted to a third-party common carrier constitutes a Fourth Amendment seizure only when the detention does any of the following: (1) "delay[s] a passenger's travel or significantly impact[s] the passenger's freedom of movement," (2) "delay[s] [the checked luggage's] timely delivery," or (3) "deprive[s] the carrier of its custody of the checked luggage." Id. at 707.Full case here: U.S. v. Alvarez-Manzo, 570 F.3d 1070 (8th Cir. 2009), casetext.com/case/us-v-alvarez-manzo-3Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
LAWSTACHE LAW FIRM in the 2023 Ocean Beach Holiday Parade. Thank you all for your support. LAWSTACHE LAW FIRM 2023-12-06 | You can watch all the entries here: facebook.com/obtowncouncil/videos/721758676501239Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can police go through your garbage left for collection outside your home WITHOUT A WARRANT? LAWSTACHE LAW FIRM 2023-11-29 | Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood had left at the curb for pickup. The police uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search turned up illegal substances, and Greenwood was arrested on felony charges.Voting 6 to 2, the Court held that garbage placed at the curbside is unprotected by the Fourth Amendment. The Court argued that there was no reasonable expectation of privacy for trash on public streets "readily accessible to animals, children, scavengers, snoops, and other members of the public." The Court also noted that the police cannot be expected to ignore criminal activity that can be observed by "any member of the public."Full case here: California v. Greenwood, 486 US 35 (1988), oyez.org/cases/1987/86-684Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Police inserted a key into cars door to see if the car belonged to Dixon and then searched it. LAWSTACHE LAW FIRM 2023-11-22 | 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. But individuals "subject to a warrantless, suspicionless search condition have ‘severely diminished expectations of privacy by virtue of their status alone.’ " United States v. Cervantes , 859 F.3d 1175, 1182 (9th Cir. 2017) (quoting Samson v. California , 547 U.S. 843, 852, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006) ). Here, a condition of Dixon's supervised release mandated that he "submit to a search of his person, residence, office, vehicle, or any property under his control ... at any time with or without suspicion."But this authority is not limitless, and we have explained that to conduct a search of property pursuant to this condition, the individual subject to it must "exhibit[ ] a sufficiently strong connection to [the property in question] to demonstrate ‘control’ over it." Korte , 918 F.3d at 754 (quoting Grandberry , 730 F.3d at 980 ). In other words, before the police could search Dixon's blue Honda minivan without a warrant or probable cause, they had to have a sufficient basis to believe he owned or controlled that vehicle. In this case, the police crossed that knowledge threshold only when they inserted the key that Dixon had dropped into the car lock, thereby confirming that he exercised control over the minivan.Therefore, we must determine whether inserting that key into the minivan's lock was itself permissible under the Fourth Amendment. This matters because if inserting the key into the car lock violated Dixon's Fourth Amendment rights, the officers’ resulting knowledge and authority to search that vehicle would be tainted by a Fourth Amendment violation. Given that the district court had already ruled that the officers’ search of Dixon's apartment violated the Fourth Amendment, the officers would have lacked justification for Dixon's arrest and subsequent stationhouse search. Thus, the trial court would have had to suppress the drugs found on Dixon's person, and the government would have been left with no admissible drug evidence at Dixon's trial....When Officer Ochoa inserted the key into the minivan's lock, an "effect," he physically intruded onto a constitutionally protected area. This physical intrusion was done for the express purpose of obtaining information, specifically to learn whether Dixon exercised control over the minivan. Thus, the insertion of the key into the minivan's lock constituted a search within the meaning of the Fourth Amendment.Read full case here: United States v. Dixon, 984 F.3d 814 (9th Cir. 2020), casetext.com/case/united-states-v-dixon-292Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
How America traces a gun involved in a gun crime back to its owner. Its nothing like you see on TV. LAWSTACHE LAW FIRM 2023-11-16 | A surprisingly non-fictional tragicomedy about how America traces a gun involved in a gun crime back to its owner. ATF’s National Tracing Center.Watch the full documentary here: vimeo.com/channels/staffpicks/255517926Watch other films by David Freid here:vimeo.com/melfilmspresentsAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can police remove a car cover off a vehicle without a warrant to inspect for a VIN number? LAWSTACHE LAW FIRM 2023-11-15 | The Government obtained the civil forfeiture of a 1986 Dodge Ram Charger and $277,000 in U.S. currency found in this vehicle, pursuant to 21 U.S.C. § 881 (1988). Claimant Montes appeals on the ground that evidence discovered in the search of the Dodge Ram Charger should have been suppressed because it was obtained in violation of his Fourth Amendment rights. He contends that the police conduct in searching the leased Dodge Ram Charger, which was covered and parked in the backyard of a home, in order to discover the vehicle identification number ("VIN"), was a violation of his Fourth Amendment rights. The $277,000 in currency was discovered in the process and was confiscated when the narcotics-detector dog alerted on the currency. The central issue of the appeal is whether the police have a right to search a parked vehicle to obtain the VIN. Execution of the judgment has been stayed pending this appeal, pursuant to Fed. R.Civ.P. 62(d).“Removal of the cover of the vehicle having been a search in violation of the Fourth Amendment, the evidence, which is the product of that search, must be excluded at trial. ” Read the full case here: U.S. v. $277,000.00 U.S. Currency, 941 F.2d 898, 899 (9th Cir. 1991), casetext.com/case/us-v-27700000-us-currencyAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can you have guns while subject to a domestic violence restraining order? United States v. Rahimi LAWSTACHE LAW FIRM 2023-11-09 | Does 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violate the Second Amendment?Between December 2020 and January 2021, Zackey Rahimi was involved in a series of violent incidents in Arlington, Texas, including multiple shootings and a hit-and-run. Rahimi was under a civil protective order for alleged assault against his ex-girlfriend, which explicitly prohibited him from possessing firearms. Police searched his home and found a rifle and a pistol, leading to Rahimi’s indictment for violating federal law 18 U.S.C. § 922(g)(8), which makes it unlawful for someone under a domestic violence restraining order to possess firearms. Rahimi moved to dismiss the indictment on constitutional grounds but was denied, as his argument was foreclosed by United States v. McGinnis, 956 F.3d 747 (5th Cir. 2020).Rahimi pleaded guilty but continued his constitutional challenge on appeal. As the appeal was pending, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, 579 U.S. __ (2022). Rahimi argued that Bruen overruled McGinnis and thus that § 922(g)(8) was unconstitutional, and the U.S. Court of Appeals for the Fifth Circuit agreed.oyez.org/cases/2023/22-915Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a T-shirt? lawstache.com/merchWant to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can police search a bag you left behind in someones apartment? Jail and prison calls are recorded! LAWSTACHE LAW FIRM 2023-11-08 | "The Fourth Amendment is a vital safeguard of the right of the citizen to be free from unreasonable governmental intrusions into any area in which he has a reasonable expectation of privacy." Winston v. Lee, 470 U.S. 753, 767, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985) (citations omitted). As the parties agree, Monghur, at least initially, held a reasonable expectation of privacy in the closed container that he stored in the closet in Wilson's apartment. See United States v. Davis, 332 F.3d 1163, 1167 (9th Cir. 2003) ("`A person has an expectation of privacy in his or her private, closed containers' and `does not forfeit that expectation of privacy merely because the container is located in a place that is not controlled exclusively by the container's owner.'" (quoting United States v. Fultz, 146 F.3d 1102, 1105 (9th Cir. 1998))). The only question raised by this appeal is whether Monghur relinquished, abandoned, or otherwise waived that expectation of privacy by disclosing the handgun's existence and location in jail telephone conversations that he knew were monitored by law enforcement.When made to a law enforcement officer, an unequivocal, contemporaneous, and voluntary disclosure that a package or container contains contraband waives any reasonable expectation of privacy in the contents. See Pennsylvania v. Mimms, 434 U.S. 106, 108-09, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (recognizing that "reasonableness" remains the touchstone under the Fourth Amendment).Nothing about his jailhouse conversations with Bousley, which law enforcement later overheard, operates as a "direct and explicit" waiver of an expectation of privacy in a container hidden elsewhere. Cardona-Rivera, 904 F.2d at 1156. Monghur's efforts to conceal the subject matter based on what he said on the phone demonstrate both an objective and subjective intention to preserve privacy — not to relinquish it. We therefore reject the Government's position that Monghur waived his expectation of privacy in the closed container through his statements on the telephone.To be clear, we think based on his admissions in the jail telephone conversations, coupled with Monghur's criminal record for violence and what officers discovered when Wilson invited them to look around, Agent McCamey had probable cause to believe Monghur had a firearm stashed inside Wilson's apartment. Exigency was not established here and is unchallenged on appeal. Therefore, we must presume that, after discovering Monghur's possessions in the closet and identifying the green plastic container (i.e., what they reasonably believed was "the green"), agents could have sealed the apartment and presented their observations from the investigation, Monghur's known criminal history, and Monghur's conversations with Bousley to a neutral and detached magistrate to support a warrant application. But, we find no basis to conclude that Monghur waived his expectation of privacy in the closed container because he made an encrypted, incriminating disclosure that he was warned would be reviewed by law enforcement. Accordingly, the agents' search of his closed container without a warrant violated Monghur's Fourth Amendment rights.Full case here: U.S. v. Monghur, 588 F.3d 975, 978-79 (9th Cir. 2009), casetext.com/case/us-v-monghur-3Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can CBP Search A Passenger Cabin Aboard a Cruise Ship Without Suspicion of Criminal Activity? LAWSTACHE LAW FIRM 2023-11-01 | 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. Whether a search is reasonable will depend upon its nature and all of the circumstances surrounding it, United States v. Montoya de Hernandez, 473 U.S. 531, 537, 105 S.Ct. 3304, 87 L.Ed.2d 381 (1985), but, as a general matter, warrantless searches are unreasonable. See Cody v. Dombrowski, 413 U.S. 433, 439, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973).Searches conducted at the nation's borders, however, represent a well-established and long-standing exception to the warrant requirement. United States v. Ramsey, 431 U.S. 606, 619, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977); see also United States v. Flores-Montano, 541 U.S. 149, 152-53, 124 S.Ct. 1582, 158 L.Ed.2d 311 (2004). The exception applies not only at the physical boundaries of the United States, but also at the "the functional equivalent" of a border, Almeida-Sanchez v. United States, 413 U.S. 266, 272-73, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), including the first port where a ship docks after arriving from a foreign country, United States v. Smith, 273 F.3d 629, 633 n. 8 (5th Cir. 2001). The search here, conducted as the Adventure of the Seas arrived in St. Thomas from St. Maarten, was therefore a border search.In the case most clearly on point, the United States Court of Appeals for the Ninth Circuit concluded that "the search of private living quarters on a ship should require something more than naked suspicion." United States v. Alfonso, 759 F.2d 728, 738 (9th Cir. 1985). As a passenger of a cruise liner, Whitted had a reasonable expectation of privacy in his cabin: he excluded others from it, used it as his home, and slept and conducted his daily life therein. Mindful of the "centuries-old principle of respect for the privacy of the home," we, therefore, consider a search of a individual's living quarters among the most intrusive of searches — invading as it does a place where the individual expects not to be disturbed. Wilson v. Layne, 526 U.S. 603, 610, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999); see also Georgia v. Randolph, 547 U.S. 103, 115, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006); United States v. United States Dist. Court for Eastern Dist. of Mick, 407 U.S. 297, 313, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972) ("[P]hysical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed."). Here, the search was highly intrusive on the defendant's privacy. Uninvited and in Whitted's absence, the officers entered his de facto home, searched through his belongings, and subjected his private space to inspection by a drug-sniffing dog.Because of the high expectation of privacy and level of intrusiveness, the search cannot be considered "routine" and must therefore be supported by reasonable suspicion of illegal activity. Read full case here: U.S. v. Whitted, 541 F.3d 480, 484-85 (3d Cir. 2008), casetext.com/case/us-v-whitted-6Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Routine and Non Routine searches at the international border boundary, airports, and sea ports LAWSTACHE LAW FIRM 2023-10-31 | The Border Search Doctrine predates the Fourth Amendment and derives its powers from Congress’s inherent authority to regulate commerce and enforce immigration laws. No warrant is necessary at the border for most searches and seizures because of the government’s inherent power to control who or what comes within a nation’s borders. This is an intrinsic attribute of national sovereignty. The Fourth Amendment’s balance of interests thus leans heavily in favor of the government at the border. Even though courts favor government interests at the border, searches and seizures must remain “reasonable” dependent on the facts and circumstances in question.What about GPS Searches and Tracking that are initiated at the border with continuous surveillance within the United States?See the full video here: youtube.com/playlist?list=PL0jnYg2aFYGxG8oyDSBSp0xL31iVDt2xj&si=RADFzIWMW8CGrWFWAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Routine and Non-Routine Border Searches at the Boundary or Functional Equivalent Airport Searches on LAWSTACHE LAW FIRM 2023-10-31 | The Border Search Doctrine predates the Fourth Amendment and derives its powers from Congress’s inherent authority to regulate commerce and enforce immigration laws. No warrant is necessary at the border for most searches and seizures because of the government’s inherent power to control who or what comes within a nation’s borders. This is an intrinsic attribute of national sovereignty. The Fourth Amendment’s balance of interests thus leans heavily in favor of the government at the border. Even though courts favor government interests at the border, searches and seizures must remain “reasonable” dependent on the facts and circumstances in question.What about GPS Searches and Tracking that are initiated at the border with continuous surveillance within the United States?See the full video here: youtube.com/playlist?list=PL0jnYg2aFYGxG8oyDSBSp0xL31iVDt2xj&si=RADFzIWMW8CGrWFWAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can police search your car after you’ve been arrested and handcuffed? #police #search #4thamendment LAWSTACHE LAW FIRM 2023-10-26 | PART 2 of 5: Vehicular Searches Without a Warrant. Search Incident to a Lawful Arrest. SILA.youtu.be/wfOgwpJFmWs?si=9RquMnaL6T877Hv4Don't keep all of your apples in one glove compartment! Search of Glove Box Incident to Arrest. (BELTON)youtu.be/-WU1hr4lzOI?si=Muq_gihOTDdzURN3en.wikipedia.org/wiki/New_York_v._BeltonCan police search your car after you've been handcuffed and secured as incident to a lawful arrest?youtu.be/hI8KvWOSbNk?si=c2CFaeoO9o8QfwKJen.wikipedia.org/wiki/Arizona_v._GantAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can Police Search a Tent Illegally Placed on Bureau of Land Management (BLM) Land Without a Warrant? LAWSTACHE LAW FIRM 2023-10-25 | Sandoval's expectation of privacy was also objectively reasonable. In LaDuke v. Nelson, 762 F.2d 1318, 1326 n. 11, 1332 n. 19 (9th Cir. 1985), we held that a person can have an objectively reasonable expectation of privacy in a tent on private property. In Gooch, 6 F.3d at 677, we extended that holding to find a reasonable expectation of privacy in a tent on a public campground. Here, the tent was located on BLM land, not on a public campground, and it is unclear whether Sandoval had permission to be there. However, we do not believe the reasonableness of Sandoval's expectation of privacy turns on whether he had permission to camp on public land. Such a distinction would mean that a camper who overstayed his permit in a public campground would lose his Fourth Amendment rights, while his neighbor, whose permit had not expired, would retain those rights.Read the full case here: U.S. v. Sandoval, 200 F.3d 659, 660-61 (9th Cir. 2000), casetext.com/case/us-v-sandoval-73Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Know Your Rights: Can Police Search a Tent Located on a Public Campground? Can They Arrest Occupant? LAWSTACHE LAW FIRM 2023-10-18 | Gooch must have had both a subjective and an objectively reasonable expectation of privacy in the tent. Katz v. United States, 389 U.S. 347, 361, 88 S.Ct. 507, 516, 19 L.Ed.2d 576 (1967). SEARCH: We have already established that a person can have an objectively reasonable expectation of privacy in a tent on private property. LaDuke v. Nelson,762 F.2d 1318, 1326 n. 11, 1332 n. 19 (9th Cir. 1985). Accord LaDuke v. Castillo,455 F. Supp. 209 (E.D.Wash. 1978). This reasonable expectation is not destroyed when a person's tent is pitched instead on a public campground where one is legally permitted to camp. The Fourth Amendment "protects people, not places." Katz,389 U.S. at 351, 88 S.Ct. at 511; id. at 351-52, 88 S.Ct. at 511ARREST: No warrant is required to arrest a suspected felon in a public place. United States v. Watson,423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976). Absent exigent circumstances, a warrantless arrest is unconstitutional in a "non-public" place, even when that place is not one's residence.United States v. Alvarez,810 F.2d 879, 881 (9th Cir. 1987); Minnesota v. Olson,495 U.S. 91, 96 n. 5, 110 S.Ct. 1684, 1688 n. 5, 109 L.Ed.2d 85 (1990). See United States v. Ruckman,806 F.2d 1471, 1475-76 (10th Cir. 1986) (McKay, J., dissenting) (suggesting that inhabitant of cave on public property has an objectively reasonable expectation of privacy therein even if the cave is not considered a house).Though Gooch's tent was pitched on public property, we hold that the closed tent was a "non-public" place for purposes of Fourth Amendment analysis. We have recognized that, despite the special status afforded a residence under the Fourth Amendment, "an individual's privacy interests may be implicated in a variety of other settings." United States v. Driver,776 F.2d 807, 809 (9th Cir. 1985). By establishing a campground, the state created a situation where campers were invited to come to set up a tent. The campers could reasonably assert a legitimate, though temporary, interest in their privacy even in this short-term "dwelling."We hold that Gooch's warrantless arrest in his tent violated the proscription of the Fourth Amendment.Full case here: U.S. v. Gooch, 6 F.3d 673 (9th Cir. 1993), casetext.com/case/us-v-gooch-7Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker? LAWSTACHE LAW FIRM 2023-10-11 | Nowhere is the protective force of the fourth amendment more powerful than it is when the sanctity of the home is involved. The sanctity of a person's home, perhaps our last real retreat in this technological age, lies at the very core of the rights which animate the amendment. Therefore, we have been adamant in our demand that absent exigent circumstances a warrant will be required before a person's home is invaded by the authorities.We can conceive of no reason to distinguish a garage, where people spend time, work, and store their possessions, from a den or a kitchen, where people spend time, work, and store their possessions. Simply put, a person's garage is as much a part of his castle as the rest of his home.Read full case here: U.S. v. Oaxaca, 233 F.3d 1154, 1157 (9th Cir. 2000), casetext.com/case/usa-v-oaxacaAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Private Citizens Can Be Considered Government Agents Under the 4th Amendment #sandiego #police LAWSTACHE LAW FIRM 2023-10-05 | Watch Full video here: youtu.be/t_Oq6bDwiOUThe United States appealed from orders of the United States District Court for the Western District of Washington, Donald S. Voorhees, J., granting defendants' suppression motions. The Court of Appeals, J. Blaine Anderson, Circuit Judge, held that action of airline employee in opening a “Speed Pak” was that of a government agent where only reason he opened case was his suspicion that it contained illegal drugs, employee, who at one time had been a listed informant, expected a probable reward from Drug Enforcement Administration, DEA agent testified that such expectation was reasonable and that although agency had no prior knowledge of the particular search and had not directed employee to perform it, it had encouraged him to engage in such types of search and employee had previously opened Speed Paks with no discouragement from the agency and had been rewarded for providing drug information in the past, although his informant's file had previously been closed.United States v. Walther, 652 F.2d 788 (9th Cir. 1981). Full case here: casetext.com/case/united-states-v-walther
Airport Worker Searches Luggage in Hopes of Getting a Monetary $$$ Reward From the DEA. LAWSTACHE LAW FIRM 2023-10-04 | The United States appealed from orders of the United States District Court for the Western District of Washington, Donald S. Voorhees, J., granting defendants' suppression motions. The Court of Appeals, J. Blaine Anderson, Circuit Judge, held that action of airline employee in opening a “Speed Pak” was that of a government agent where only reason he opened case was his suspicion that it contained illegal drugs, employee, who at one time had been a listed informant, expected a probable reward from Drug Enforcement Administration, DEA agent testified that such expectation was reasonable and that although agency had no prior knowledge of the particular search and had not directed employee to perform it, it had encouraged him to engage in such types of search and employee had previously opened Speed Paks with no discouragement from the agency and had been rewarded for providing drug information in the past, although his informant's file had previously been closed.United States v. Walther, 652 F.2d 788 (9th Cir. 1981). Full case here: casetext.com/case/united-states-v-waltherAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
PSA: Pedestrian Crossing LAWSTACHE LAW FIRM 2023-10-03 | Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Equal Justice Under the Law. LAWSTACHE LAW FIRM 2023-10-02 | Biographer John Weaver comments: the decisions grow out of the man and man's reverence for the law and for fairness. You see, above the Supreme Court are the words equal justice under law. And professors of law so often emphasize the word law. Warren I think emphasized the word justice and the word equal.Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Dont Be A Sucker | PSA by U.S. War Department LAWSTACHE LAW FIRM 2023-09-29 | Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Messy Vehicle Interior Doesnt Justify Extended Police Traffic Stop and K9 Search. LAWSTACHE LAW FIRM 2023-09-27 | Mr. Luis Alfonso Leon was stopped by law enforcement after he was observed illegally driving in a passing lane. During the traffic stop, the officer began to suspect Mr. Leon was trafficking drugs. A search of his vehicle uncovered seventy-six pounds of methamphetamine, and Mr. Leon was charged with one count of possessing methamphetamine with intent to distribute. Following a failed motion to suppress, he pled guilty and was sentenced to seventy months’ imprisonment. On appeal, Mr. Leon challenges the denial of his suppression motion, arguing that the officer lacked reasonable suspicion to extend the stop and investigate the suspected drug trafficking. We agree and therefore reverse. Takeaways: 1. the fact that the defendant was coming from Phoenix when he was stopped near Denver did not provide reasonable suspicion for prolonging the traffic stop;2. The defendant‘s travel plans of driving from Denver to pick up religious books and perhaps stay for an event were not so implausible as to provide reasonable suspicion for prolonging traffic stop;3. The condition of the vehicle's interior did not provide reasonable suspicion of criminal activity;4. The defendant's alleged nervousness during the traffic stop was not extreme and bore negligible weight in determining whether the trooper had reasonable suspicion for prolonging traffic stop; and5. The trooper's belief that the defendant was traveling in a third-party vehicle did not provide reasonable suspicion.Full case here: ca10.uscourts.gov/sites/ca10/files/opinions/010110916595.pdfAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Can Police Prolong a Traffic Stop to Pat Down and Frisk a Driver Because He Wears a Fanny Pack? LAWSTACHE LAW FIRM 2023-09-20 | The panel affirmed the district court’s denial of a motion to suppress evidence discovered following a traffic stop, and remanded for the district court to conform the written judgment to its oral pronouncement of sentence, in a case in which Xzavione Taylor entered a conditional guilty plea to being a felon in possession of a firearm. The panel held that the officers did not unreasonably prolong the traffic stop. The panel wrote: • An officer’s asking Taylor two questions about weapons early in the counter—once before the officer learned that Taylor was on federal supervision for being a felon in possession and once after—was a negligibly burdensome precaution that the officer could reasonably take in the name of safety. • An officer did not unlawfully prolong the traffic stop when he asked Taylor to exit the vehicle. • The officers’ subjective motivations are irrelevant because the Fourth Amendment’s concern with reasonableness allows certain actions to be taken in certain circumstances, whatever the subjective intent. • A criminal history check and the officers’ other actions while Taylor was outside the car were within the lawful scope of the traffic stop. • Even if, contrary to precedent, the frisk and criminal history check were beyond the original mission of the traffic stop, they were still permissible based on the officers’ reasonable suspicion of an independent offense: Taylor’s unlawful possession of a gun. As to whether the officers violated the Fourth Amendment when they searched Taylor’s car, the panel held that the district court did not err in finding that Taylor unequivocally and specifically consented to a search of the car for firearms. Taylor conceded that precedent forecloses his constitutional challenge to a risk-notification condition of supervised release. The panel remanded for the district court to conform the written judgment to its oral pronouncement of conditions concerning outpatient substance abuse treatment and vocational services programs. Full case here: UNITED STATES V. TAYLOR, 60 F.4th 1233 (2023), cdn.ca9.uscourts.gov/datastore/opinions/2023/03/01/21-10377.pdfAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
How much time am I going to do for drug offense in federal court? New 5-year study just published. LAWSTACHE LAW FIRM 2023-09-15 | As it turns out, the duration of your potential sentence for a drug offense in San Diego Federal Court varies significantly, and this variance largely hinges on both the specific federal courthouse and the presiding judge assigned to your case. Among federal district court judges in San Diego, there is a notable divergence in their typical or median prison sentences. For instance, during a five-year study period, one judge in the Southern District of California (San Diego Federal Court) imposed a median prison sentence of 13 months, while a colleague on the very same bench handed down a median sentence of 77.5 months. https://trac.syr.edu/whatsnew/email.230913.htmlAnton Vialtsin, a seasoned San Diego Federal Attorney with a decade of experience, has represented hundreds of clients in San Diego Federal Court. His extensive courtroom experience has afforded him the opportunity to appear before every judge on the San Diego District Bench, enabling him to gain an intimate understanding of the distinct sentencing practices of each judge. If you are charged with a drug offense in Federal Court, hire a lawyer who routinely represents clients in Federal Court.
Extended Roadside Questioning: Dont Let Police Use Just One More Thing Line of Questioning. LAWSTACHE LAW FIRM 2023-09-13 | Most drivers do not know that they have a right to deny consent,and troopers are more than happy to exploit their lack of knowledge of their legal rights. Even though the law requires that consent be knowing, intelligent and voluntary, troopers don’t generally let such niceties stand in their way. For drivers who are not initially forthcoming with consent, troopers are trained to conclude the traffic stop, somehow signal that the driver is free to go, then immediately re-engage the driver in friendly, casual conversation to keep the driver at the scene and enable the trooper to develop reasonable suspicion or take another stab at getting consent . . .The Court found that the Kansas Highway Patrol "is engaged in a pattern or practice of prolonging traffic stops by using the Kansas Two-Step to coerce drivers into answering questions when the troopers do not have reasonable suspicion and the drivers do not feel free to leave. This practice violates the Fourth Amendment by extending traffic stops without reasonable suspicion and without the knowing, intelligent and voluntary consent of the drivers."Full case here: BLAINE FRANKLIN SHAW et al., v. HERMAN JONES, in his official capacity as the ) Superintendent of the Kansas Highway Patrol, ) et al., ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2020cv1067-86Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Indicators of Potential Criminal Activity: Food Wrappers, Beverages, and Other Vehicle’s Contents? LAWSTACHE LAW FIRM 2023-09-12 | Condition of vehicle's interior—which had food wrappers, soda and energy drink containers, miscellaneous boxes, and clothes—did not provide reasonable suspicion of criminal activity justifying state trooper's decision to prolong traffic stop, despite trooper's beliefs that lived-in or hard-traveled appearance was consistent with drug trafficking trips, and that some traffickers used “cover load” to make trip seem legitimate; food wrappers and drink containers were items one would find in any vehicle on road trip, and trooper failed to explain why he believed vehicle's contents were part of cover load rather than indicative of legitimate travel or even how such distinction could be made. U.S. Const. Amend. 4.United States v. Leon, No. 22-1070, 2023 WL 5838456 (10th Cir. Sept. 11, 2023)Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Police pretend to be potential home buyers to search the home without a warrant. #sandiego #police LAWSTACHE LAW FIRM 2023-09-11 | Appellants contend that the government agents violated their Fourth Amendment rights when the agents posed as real estate purchasers and toured a property that Appellants had hired a realty company to sell. We review de novo a district court's denial of a motion to suppress. United States v. Meek, 366 F.3d 705, 711 (9th Cir.2004). The district court did not err in denying Appellants' suppression motion. Appellants' decision to open the property to public view by listing it for sale with the realty company manifested little, if any, subjective expectation of privacy, and whatever expectation of privacy they may have held subjectively was not objectively reasonable. See Kyllo v. United States, 533 U.S. 27, 33, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001) (“A Fourth Amendment search does not occur—even when the explicitly protected location of a house is concerned—unless ‘the individual manifested a subjective expectation of privacy in the object of the challenged search,’ and ‘society [is] willing to recognize that expectation as reasonable.’ ”) (citing California v. Ciraolo, 476 U.S. 207, 211, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986) (emphasis in original)). Because there was no Fourth Amendment search, the reasonableness of the agents' ruse in posing as prospective buyers is immaterial. United States v. Schlotzhauer, 356 F. App'x 56, 58 (9th Cir. 2009). anylaw.com/case/united-states-v-schlotzhauer/ninth-circuit/11-23-2009/8ok-QGYBTlTomsSBFnLqAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Timely Arrest Without Undue Delay or Case DISMISSED. Police Can’t Idle! LAWSTACHE LAW FIRM 2023-09-07 | Full video here: Unbelievable Injustice: How the Government Failed to Prosecute for 8 Years | Case must be dropped! youtu.be/gKflg08fDhcRead the full case here: Doggett v. United States, 505 U.S. 647 (1992), supreme.justia.com/cases/federal/us/505/647/case.pdfAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-cases
Outrageous: Wearing a Fanny Pack Over Your Shoulder Could Land You in a Police Search!?! LAWSTACHE LAW FIRM 2023-09-06 | At approximately 1:00 a.m. on October 14, 2020, officers from the New York City Police Department (NYPD) encountered Defendant Michael Hagood near a housing complex managed by the New York City Housing Authority (NYCHA) in the Bronx. Mr. Hagood was notably wearing a fanny pack slung across his chest while standing beside a double-parked vehicle. The officers observed that Mr. Hagood appeared visibly anxious upon spotting them, with one officer noticing an unusual protrusion in his fanny pack that resembled the shape of a handgun.Prompted by these observations, the officers decided to stop and frisk Mr. Hagood, leading to the discovery of a loaded semi-automatic pistol in the fanny pack. Consequently, Mr. Hagood faced charges under 18 U.S.C. §§ 922(g)(1) and 924(a)(2) for possessing a firearm subsequent to a felony conviction. He subsequently sought to suppress the firearm as evidence, contending that the initial stop violated his Fourth Amendment rights due to the officers lacking reasonable suspicion of criminal activity.However, the circumstances surrounding this case, which encompasses the officer's expertise in retrieving firearms from fanny packs, Mr. Hagood's unconventional method of wearing the fanny pack, his nervous demeanor upon encountering the officers, and the late hour within a high-crime neighborhood, collectively established reasonable suspicion. Dissent:The ordinary, reasonable person looking at this case would describe it as follows: Officer Migliaccio drove by Michael Hagood late one night from thirty feet away and had a two- or three-second window during which to observe Hagood. Migliaccio saw Hagood standing outside, calmly talking to two friends and wearing a fanny pack over his shoulder and across his chest. For whatever reason, Migliaccio had a hunch that Hagood was up to no good. Migliaccio acted on his hunch and decided to find a way to search Hagood. His hunch turned out to be right. Hagood was, indeed, a past felon improperly in possession of a gun. [...D]espite the majority’s Herculean efforts, the record, at best, merely supports that Migliaccio had a hunch that turned out right. Read the full case here: United States v. Hagood, No. 22-588 (2d Cir. 2023), law.justia.com/cases/federal/appellate-courts/ca2/22-588/22-588-2023-08-30.htmlAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Clear Your Record: 5 Compelling Reasons to Expunge a DUI Conviction and get a Dismissal LAWSTACHE LAW FIRM 2023-08-31 | To expunge a San Diego DUI means to have the conviction for driving under the influence (DUI) removed from a person's criminal record. Expungement is a legal process that allows an individual who has been convicted of a crime, such as a DUI, to petition the court to have their conviction set aside and the case DISMISSED.lawstache.com/what-does-it-mean-to-expunge-a-san-diego-duiWhen a DUI is expunged, it doesn't completely erase the fact that the person was arrested or charged, but it does offer certain benefits:1. Improved Record: While the conviction may still show up on some background checks, it will also reflect that the case was dismissed after expungement, which can be viewed more favorably by potential employers, landlords, and others who conduct background checks.2. Professional Opportunities: Expungement can enhance job prospects, as some employers may be more willing to hire someone with a dismissed DUI conviction rather than a pending one.3. Licensing and Certifications: Certain licenses and certifications may become more attainable or easier to maintain with a dismissed conviction.4. Personal Satisfaction: Expungement can provide a sense of closure and a fresh start for individuals who have worked to improve their lives after a DUI conviction.5. Travel RestrictionsIt's important to note that the process and eligibility for expunging a San Diego DUI, or any criminal conviction, can vary based on local laws and individual circumstances. Call us today to discuss your DUI case and expungement procedures in San Diego. We expunge San Diego DUI's and it's very affordable!Call us today at 619-357-6677!
Unlawful Trunk Search? Analyzing a Case of Police Misconduct and the Automobile Exception LAWSTACHE LAW FIRM 2023-08-23 | "[W]hen an officer has probable cause to believe evidence of a crime will be found specifically in the passenger compartment of a vehicle, and no other subsequent discovery or information provides further probable cause to believe the evidence will be found in the trunk, an officer’s search of the trunk exceeds the permissible scope of a warrantless search under the automobile exception."The Fourth Amendment’s guarantee of the right to be free from unreasonable searches and seizures is fundamental to our sense of liberty and justice. (U.S. Const., 4th Amend.) The general rule is that warrantless searches are unreasonable.(Katz v. United States (1967) 389U.S.347, 357.)Certain circumstances, however, create exceptions to the general ban on warrantless searches. (Ibid.) One such exception—the automobile exception—is the focus of this appeal. “The automobile exception provides ‘police who have probable cause to believe a lawfully stopped vehicle contains evidence of criminal activity or contraband may conduct a warrantless search of any area of the vehicle in which the evidence might be found.’” (People v. McGee(2020) 53Cal.App.5th 796, 801, quoting People v. Evans(2011) 200Cal.App.4th 735, 753.) The scope of a warrantless search is “defined by the object of the search and the places in which there is probable cause to believe that it may be found.” (United States v. Ross(1982) 456U.S.798, 824 (Ross).)In deciding whether a warrantless search was justified under the automobile exception, the facts are determinative. That is because probable cause exists “where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found.” (Ornelas v. United States(1996) 517U.S.690, 696.)Here, the searching police officer received information via a radio broadcast from another officer that a juvenile on probation with a firearm restriction likely placed a firearm under the front passenger seat in defendant Hilario Leal, Jr.’s car before the defendant got into his car and drove away. Defendant’s car was under constant surveillance from the timeof the alleged firearm placement until the searching officer conducted the search. When search the passenger compartment of defendant’s car yielded no firearm, the searching officer decided to search the trunk, where he discovered a firearm. Defendant was charged withseveraloffenses and filed a motion to suppress the firearm; the trial court denied the motion. Defendant ultimately pled no contest to being a felon in possession of a firearm. The question presented is whether the search of the defendant’s trunk was justified under the automobile exception. We conclude it was not.Read full case here: California v. Leal, law.justia.com/cases/california/court-of-appeal/2023/c096463.html Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
San Diego Criminal Defense Attorney Anton Vialtsin shares his recent victories in Federal Court. LAWSTACHE LAW FIRM 2023-08-21 | Please visit lawstache.com/results-notable-cases to learn more about my more notable cases. Thank you, and have a wonderful weekend!If you have been charged in San Diego federal court, contact LAWSTACHE™ LAW FIRM. San Diego Federal Criminal Defense Attorney Anton Vialtsin has over a decade of experience defending those accused of federal crimes. Our office is conveniently located in downtown San Diego. You can reach our office by calling (619) 357-6677.CJA Panel Attorney – ★★★★★ Reviews – Payment Plans – San Diego Federal CrimesSan Diego Federal Criminal Defense Attorneys | Chula Vista Federal Criminal Defense | Vista Federal Criminal Defense | El Cajon Federal Criminal DefenseSi usted habla espanol
Whats going on with the number 5000? LAWSTACHE LAW FIRM 2023-08-16 | • Five thousand is the largest isogrammic numeral in the English language.• It has been estimated that there were around forty million people worldwide by 5000 BC• CULTURE 5000 – THE WORLDS LONGEST PAINTINGo 201.5 meters longo And it has a bunch of fish drawno 5,339 to be precise.• Things that weight 5000 poundso Average White Rhinoso Whale’s tongueo Heaviest Elephant Sealo Mercedes Maybach S560 $195000 base version zero to 60 mph in 4.7 seconds• Lincoln is on the {$5} bill, Grant is on the {$50,} and McKinley is on the {$500.} The {$5000} bill was discontinued in 1969 and is no longer being printed, although it is still legal tender.• Which U.S. President's picture is on the 5000 dollar bill? Answer: James Madisono He was America’s smallest president.o Following a stint in the Virginia Convention in 1776, a young James Madison lost a 1777 bid for election to the state’s House of Delegates. He would later write that the defeat was the result of his refusal to provide free liquor to the voters on Election Day, a common custom then known as “swilling the planters with bumbo.”• States where Small Claims court accepts lawsuits under $5000: o Arkansaso California (for businesses)o Connecticuto Hawaiio Idahoo Louisianao Marylando Missourio New Jerseyo Rhode Islando Vermonto Virginia• The Compaq Presario 5000o first launched in 1998. o Supplied with multimedia keyboard, mouse, JBL stereo speakers, integrated sound and game controller port.o 2001 it cost $998 and had 80GB hard driveAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Police need a Warrant under the 4th Amendment to search you, but automobile exception applies LAWSTACHE LAW FIRM 2023-08-16 | Watch full video here: youtu.be/ZPmhhCHQhhQ
Police cannot prolong a traffic stop and have to focus on the initial mission behind the stop. LAWSTACHE LAW FIRM 2023-08-15 | watch the full video here: youtu.be/qyUxtQojD_8
Defining Community Caretaking Exception to the warrant requirement in the 4th Amendment. #police LAWSTACHE LAW FIRM 2023-08-10 | To learn more, watch the full video here Did police abandon the 4th Amendment, when searching abandoned vehicle at the bank parking lot?youtu.be/sEvjbbPCSFE
Understanding the 4th Amendment: What Happened with the Abandoned Vehicle? LAWSTACHE LAW FIRM 2023-08-09 | 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), casetext.com/case/united-states-v-treismanAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
How Dog Sniffs and Unrelated Inquiries Can Turn a Traffic Stop into a Constitutional Violation LAWSTACHE LAW FIRM 2023-08-02 | What began as a lawful traffic stop violated the Fourth Amendment’s shield against unreasonable seizures when the officers detoured from the traffic stop’s mission by conducting the dog sniff and inquiring into matters unrelated to the traffic violation and these detours prolonged the stop “‘beyond the time reasonably required to complete the mission’ of issuing a ticket for the [traffic] violation. [Citation.]” (Rodriguez, supra, 575 U.S. at pp. 350–351.)___The United States Supreme Court has identified tasks that are part of an officer’s mission during a stop for a traffic violation: “Beyond determining whether to issue a traffic ticket, an officer’s mission includes ‘ordinary inquiries incident to [the traffic] stop.’ [Citation.] Typically such inquiries involve checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance. [Citations.]” (Rodriguez, supra, 575 U.S. at p. 355.) The temporary detention may also include “a criminal history check [citation], which is done by consulting an incar computer terminal or radioing dispatch. [Citations.]” (People v. Lopez (2019) 8 Cal.5th 353, 363, fn. 4.) “‘And although not specifically compelled by law, certain other steps customarily taken as matters of good police practice are no less intimately related to the citation process: for example, the officer will usually discuss the violation with the motorist and listen to any explanation the latter may wish to offer.’” (People v. Tully (2012) 54 Cal.4th 952, 981.) These tasks are included within the officer’s mission during a traffic stop because they “serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly. [Citations.]” (Rodriguez, supra, 575 U.S. at p. 355.) An officer may also require a lawfully stopped driver to exit the vehicle for officer safety to complete his traffic stop mission. (Id. at p. 356.) “On-scene investigation into other crimes, however, detours from [the traffic stop’s] mission. So too do safety precautions taken in order to facilitate such detours. [Citation.]” (Rodriguez, supra, 575 U.S. at p. 356.) While “[a]n officer . . . may conduct certain unrelated checks during an otherwise lawful traffic stop,” the officer “may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual. [Citation.]” (Id. at p. 355.) Full case here: THE PEOPLE v. JOSEPH GYORGY, G061567 (Super. Ct. No. 18NF2747), (7/14/2023), courts.ca.gov/opinions/documents/G061567.PDFAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Police promises NOT to arrest, settled notions of fundamental fairness may require a DISMISSAL. LAWSTACHE LAW FIRM 2023-07-26 | On September 24, 2019, shortly after witnessing Manley Johnson leave Appellant Maurice Bailey's home, Kannapolis, North Carolina police officer Jeremy Page discovered 0.1 grams of cocaine base during a search of Johnson's vehicle. Officer Page then confronted Bailey about the cocaine sale and instructed him to turn over any drugs still in his possession. In return, Officer Page assured Bailey that he was “going to take it and ․ leave,” and everything would still be “squared away.” J.A. 112. As he later testified, Officer Page expected that Bailey would assist him in future investigations. Prompted by Officer Page's offer, Bailey handed over 0.7 grams of cocaine base.In the following weeks, Bailey helped Officer Page locate and arrest an individual for whom the police had an outstanding warrant but did not otherwise aid in Officer Page's investigations. Then, on November 7, 2019, Officer Page obtained two warrants for Bailey's arrest: one for the 0.1 grams Bailey sold to Johnson on September 24, and one for the 0.7 grams Bailey turned over that same day. In the process of executing those warrants, Kannapolis police discovered 17.8 grams of cocaine base on Bailey's person, which led to Bailey's prosecution for possession with intent to distribute cocaine.Bailey unsuccessfully moved to suppress the 17.8 grams of cocaine and was convicted of the charge. On appeal, Bailey argues that the district court should have granted his suppression motion because his arrest constituted a breach of Officer Page's September 24 promise that all would be “squared away.” Because the district court failed to make the factual findings necessary to resolve this argument, we vacate its decision denying Bailey's motion to suppress and the judgment of conviction and remand for proceedings consistent with this opinion.____________________In all such contexts, therefore, where an individual fulfills his obligations under the agreement, “settled notions of fundamental fairness” may require the government “to uphold its end of the bargain,” too. Carrillo, 709 F.2d at 37. To hold otherwise would rubberstamp a police practice that stands to undermine “the honor of the government” and “public confidence in the fair administration of justice.” Carter, 454 F.2d at 428.__________________Full case here: UNITED STATES v. BAILEY (2023), caselaw.findlaw.com/court/us-4th-circuit/114625754.htmlAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Unbelievable Injustice: How the Government Failed to Prosecute for 8 Years | Case must be dropped! LAWSTACHE LAW FIRM 2023-07-19 | In February 1980, petitioner Doggett was indicted on federal drug charges, but he left the country before the Drug Enforcement Agency could secure his arrest. The DEA knew that he was later imprisoned in Panama, but after requesting that he be expelled back to the United States, never followed up on his status. Once the DEA discovered that he had left Panama for Colombia, it made no further attempt to locate him. Thus, it was unaware that he reentered this country in 1982 and subsequently married, earned a college degree, found steady employment, lived openly under his own name, and stayed within the law. The Marshal's Service eventually located him during a simple credit check on individuals with outstanding warrants. He was arrested in September 1988, 81/2 years after his indictment. He moved to dismiss the indictment on the ground that the Government's failure to prosecute him earlier violated his Sixth Amendment right to a speedy trial, but the District Court denied the motion, and he entered a conditional guilty plea. The Court of Appeals affirmed.Held: The delay between Doggett's indictment and arrest violated his right to a speedy trial. His claim meets the Barker v. Wingo, 407 U. S. 514, 530, criteria for evaluating speedy trial claims. First, the extraordinary 8 1/2-year lag between his indictment and arrest clearly suffices to trigger the speedy trial enquiry. Second, the Government was to blame for the delay. The District Court's finding that the Government was negligent in pursuing Doggett should be viewed with considerable deference, and neither the Government nor the record provides any reason to reject that finding. Third, Doggett asserted in due course his right to a speedy trial. The courts below found that he did not know of his indictment before his arrest, and, in the factual basis supporting his guilty plea, the Government essentially conceded this point. Finally, the negligent delay between Doggett's indictment and arrest presumptively prejudiced his ability to prepare an adequate defense. The Government errs in arguing that the Speedy Trial Clause does not significantly protect a defendant's interest in fair adjudication. United States v. Marion, 404 U. S. 307, 320-323; United States v. MacDonald, 456 U. S. 1, 8; United States v. Loud Hawk, 474 U. S. 302, 312, distinguished. Nor does Doggett's failure to cite any specifically demonstrable prejudice doom his claim, since excessive delay can compromise a trial's reliability in unidentifiable ways. Presumptive prejudice is part of the mix of relevant Barker factors and increases in importance with the length of the delay. Here, the Government's egregious persistence in failing to prosecute Doggett is sufficient to warrant granting relief. The negligence caused delay six times as long as that generally deemed sufficient to trigger judicial review, and the presumption of prejudice is neither extenuated, as by Doggett's acquiescence, nor persuasively rebutted. Pp.651-658.Read the full case here: Doggett v. United States, 505 U.S. 647 (1992), supreme.justia.com/cases/federal/us/505/647/case.pdfAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
The Fourth Amendment shields not only actual owners, but also people with possessory rights. LAWSTACHE LAW FIRM 2023-07-18 | “The Fourth Amendment shields not only actual owners, but also anyone with sufficient possessory rights over the property searched.” Lyall v. City of Los Angeles, 807 F.3d 1178, 1186 (9th Cir. 2015). “[A] defendant who lacks an ownership interest may still have standing to challenge a search, upon a showing of ‘joint control' or ‘common authority' over the property searched.” United States v. Thomas, 447 F.3d 1191, 1198 (9th Cir. 2006) (citation omitted). “Common authority rests ‘on mutual use of the property by persons generally having joint access or control for most purposes.'” Id. For example, “a defendant may have a legitimate expectation of privacy in another's car if the defendant is in possession of the car, has the permission of the owner, holds a key to the car, and has the right and ability to exclude others, except the owner, from the car.” Id. at 1198 (9th Cir. 2006).Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o * Suavecito Pomade, amzn.to/3poEQBw*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Are rainbows really full circles? Or just in theory? A question for #hankgreen and #vlogbrothers LAWSTACHE LAW FIRM 2023-07-14 | I don't know if I can believe the following article from the National Geographics. If we never see the bottom half of the circle (rainbow), that would be called an arc. education.nationalgeographic.org/resource/rainbowAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o * Suavecito Pomade, amzn.to/3poEQBw*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Phone Searches at the Border: What CBP Can and Cant Do LAWSTACHE LAW FIRM 2023-07-12 | 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. “[W]arrantless searches are typically unreasonable where a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing.” Carpenter v. United States, 138 S. Ct. 2206, 2221 (2018) (quotation omitted).The border search exception is a “longstanding, historically recognized exception to the Fourth Amendment’s general principle that a warrant be obtained” for a search. Ramsey, 431 U.S. at 621. “[T]he border-search exception allows officers to conduct ‘routine inspections and searches of individuals or conveyances seeking to cross . . . borders’ without any particularized suspicion of wrongdoing.” United States v. Aguilar, 973 F.3d 445, 449 (5th Cir. 2020) (quoting Ramsey, 431 U.S. at 619) (emphasis added). Moreover, even “[s]o-called ‘nonroutine’ searches need only reasonable suspicion, not the higher threshold of probable cause.” United States v. Molina-Isidoro, 884 F.3d 287, 291 (5th Cir. 2018). “For border searches both routine and not, no case has required a warrant.” IdThe border search exception reflects “the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country.” Ramsey, 431 U.S. at 616. “The Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border” and has been recognized “since the beginning of our Government.” United States v. Flores-Montano, 541 U.S. 149, 152–53 (2004). “Historically such broad powers have been necessary to prevent smuggling and to prevent prohibited articles from entry.” Ramsey, 431 U.S. at 619. Accordingly, when it comes to manual cell phone searches at the border, our sister circuits have uniformly held that Riley does not require either a warrant or reasonable suspicion. See, e.g., United States v. Xiang, 67 F.4th 895, 900 (8th Cir. 2023) (“No Circuit has held that the government must obtain a warrant to conduct a routine border search of electronic devices.”); Alasaad v. Mayorkas, 988 F.3d 8, 18–19 (1st Cir. 2021) (“We . . . agree with the holdings of the Ninth and Eleventh circuits that basic border searches are routine searches and need not be supported by reasonable suspicion.”); United States v. Cano, 934 F.3d 1002, 1016 (9th Cir. 2019) (“manual searches of cell phones at the border are reasonable without individualized suspicion”).Read the full case here: USA v. Castillo, No. 21-50406 (5th Cir. 2023), law.justia.com/cases/federal/appellate-courts/ca5/21-50406/21-50406-2023-06-19.htmlAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
The most common reasons Police Officers are allowed to search your car without a warrant. #police LAWSTACHE LAW FIRM 2023-07-06 | Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o * Suavecito Pomade, amzn.to/3poEQBw*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Agents Point Guns and Order Home Residents Outside: Understanding the 4th Amendment and Curtilage LAWSTACHE LAW FIRM 2023-06-28 | Border Patrol agents watched a man climb over the Mexico-United States border fence and followed him as he took a taxi to Heriberto Perea-Rey's home. An agent watched the suspected undocumented alien walk through the gated entrance to the home and knock on the front door. The agent followed him through the front yard, around the side of the house and into the carport. He found the suspect there, standing with Perea-Rey in front of a side door entrance to the home, and detained both men until other agents arrived. Perea-Rey refused to allow the agents to enter his house. Forgetting for a moment that the Fourth Amendment ordinarily requires that the government obtain a warrant before it conducts a search or seizure, particularly of persons in their homes, the agents, pointing their guns at the home, ordered everyone outside. The individuals who emerged were later found to be undocumented aliens.Indicted for harboring the aliens in violation of 8 U.S.C. § 1324, Perea-Rey moved to suppress evidence of the aliens as the fruit of a warrantless search and seizure. Though the district court found that the agents entered the curtilage of Perea-Rey's home and that there were no exigent circumstances that might justify the failure to obtain a warrant, the court denied the motion. Perea-Rey entered a conditional guilty plea and filed this appeal. Because the agents physically occupied the curtilage of Perea-Rey's home without obtaining a warrant, and no exceptions to the warrant requirement otherwise justified the search or seizure, we reverse Perea-Rey's conviction and remand.____Where the government "physically occupie[s] private property for the purpose of obtaining information," that is a "`search' within the meaning of the Fourth Amendment." United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 949, 181 L.Ed.2d 911 (2012). "[S]earches and seizures inside a home without a warrant are presumptively unreasonable." Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). Because the curtilage is part of the home, searches and seizures in the curtilage without a warrant are also presumptively unreasonable. See Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984).Although a warrant is not required to observe readily visible items within the curtilage, and "officers [need not] shield their eyes when passing by a home on public thoroughfares," California v. Ciraolo, 476 U.S. 207, 213, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986), a warrant is required to enter the home. Full case here: US v. Perea-Rey, 680 F. 3d 1179 - Court of Appeals, 9th Circuit 2012, scholar.google.com/scholar_case?case=3328995699668028305&hl=en&as_sdt=6&as_vis=1&oi=scholarrAnton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o * Suavecito Pomade, amzn.to/3poEQBw*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Police officer gave some sort of cue to the K9 to alert. No drugs were found. NPR - K9 lawsuit. LAWSTACHE LAW FIRM 2023-06-22 | NPR article: Courts have long seen K-9 dogs as impartial. Now police bodycams hold them accountable, by Martin Kaste, June 8, 2023, available at npr.org/2023/06/08/1180641287/k-9-dogs-police-body-camsCan police have their K9 sniff at your front door without a warrant? Florida v. Jardines., youtu.be/7jb5-4tblj0Are police K9's any good at finding drugs? Handler bias and cuing? USA v. Jordan, youtu.be/6zwm1nBaixYAre K9 searches ever allowed during a traffic stop? | Illinois v. Caballes, youtu.be/KCNXHxDTeU4Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
Exigent Circumstances in DUI Cases: Did the Suspects Retreat to His Home Warrant Police Entry? LAWSTACHE LAW FIRM 2023-06-21 | The issue before this court is whether Captain Walsh was justified in making entry into the Defendant's residence without first obtaining a search warrant. The United States Supreme Court has held that a warrant is not required to enter a person's home when "the exigencies of the situation make the needs of law enforcement so compelling that the warrantless [entry] is objectively reasonable under the Fourth Amendment." Mincey v. Arizona, 437 U.S. 385, 393-94 (1978) (internal quotation marks omitted). "One exigency obviating the requirement of a warrant is the need to assist persons who are seriously injured or threatened with such injury." Brigham City v. Stuart, 547 U.S. 398, 403 (2006). Under this "emergency aid" exception, "officers may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury." Id. Officers do not need "ironclad proof of a likely serious, life-threatening injury to invoke the emergency aid exception[.]" Michigan v. Fisher, 558 U.S. 45, 49 (2009) (internal quotation marks omitted)....It is worth noting that all cases where a court has found that an exigent circumstance existed appear to share two common factors. First, in all of the cases in which courts found exigency, officers observed events obviously occurring within the residence or building. For example, cries for help, screams, loud noises, or an observation of a struggle or fight within the structure by looking through a window. Second, courts have found exigent circumstances exist when officers observed events or evidence leading directly to a structure. For example, a blood trail leading to a closed door.There was no evidence leading directly into the home, such as a trail of blood, and there were no noises, voices or screams leading officers to believe someone inside may be in immediate distress or in need of protection. Here, nothing at the accident scene caused Captain Walsh to believe that the driver was seriously injured. By the time Captain Walsh arrived at the residence, the Defendant had already managed to walk back to his house and fall asleep in his bedroom upstairs. Captain Walsh did not see or hear anything to cause one to think that someone was in the home, much less that someone was in need of immediate assistance.Full case here: State v. Gibson, No. M2012-02363-CCA-R3-CD, 12 (Tenn. Crim. App. Oct. 18, 2013), casetext.com/case/state-v-gibson-395Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
How can you challenge a 4th Amendment violation? Illegal #search or #seizure by #police LAWSTACHE LAW FIRM 2023-06-20 | Where the government "physically occupie[s] private property for the purpose of obtaining information," that is a "`search' within the meaning of the Fourth Amendment." United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 949, 181 L.Ed.2d 911 (2012). "[S]earches and seizures inside a home without a warrant are presumptively unreasonable." Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
If you were indicted, can prosecution threaten with additional charges if you don’t take the plea? LAWSTACHE LAW FIRM 2023-06-19 | If you have been indicted, it generally means that a grand jury has reviewed the evidence and determined that there is enough evidence to formally charge you with a crime. An indictment is a formal accusation that initiates a criminal case against an individual. The grand jury, which is a group of citizens convened by the prosecution, examines the evidence presented by the prosecution and decides whether there is enough evidence to proceed with the charges. If the grand jury decides that there is sufficient evidence, they issue an indictment, and the case moves forward in the criminal justice system.Anton Vialtsin, Esq.LAWSTACHE™ LAW FIRM | Criminal Defense and Business Lawlawstache.com(619) 357-6677Do you want to buy our Lawstache merchandise? Maybe a t-shirt? lawstache.com/merchWant to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101Want to learn about our recent victories?lawstache.com/results-notable-casesIf 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:*Federal Prison Guidebook (Revision 6)(2022), amzn.to/3N2L5nS*Federal Prison Guidebook (Revision 5)(2019), amzn.to/3AlYorU*Apple AirTag, amzn.to/3qnc58o *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, amzn.to/3zm6mkf*Calvin Klein Men's Slim Fit Dress Pant, amzn.to/3G8jLQG*Johnson and Murphy Shoes, amzn.to/3KmfX0Y*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, amzn.to/43gFtMC*Amazon Basics Tank Style Highlighters, amzn.to/3zwOEKZ*Pilot Varsity Disposable Fountain Pens, amzn.to/40EjSfm*Apple 2023 Mac Mini Desktop Computer, amzn.to/3Km2aGC*ClearSpace Plastic Storage Bins, amzn.to/3Kzle5qAre you are a Russian speaker? Вы говорите по-русски?russiansandiegoattorney.comBased in San Diego, CALicensed: California, Nevada, and Federal CourtsThe San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!
