Collect Call with Lawstache
Every week, Anton Vialtsin (California attorney and YouTuber) discusses legal cases from the Supreme Court, 9th Circuit, and California State Courts. We focus on the First, Second, Fourth, Fifth, and Eighth Amendments. We make predictions and scrutinize the law. Anton Vialtsin handled over a hundred federal criminal cases from initial client interviews through sentencing. He has an in-depth knowledge of the Federal Sentencing Guidelines, the Federal Criminal Codes and Rules, mandatory-minimum sentences, the death penalty, and too many state laws to list.
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Police stop every motorist at checkpoint to ask about a hit-and-run accident. Unreasonable seizure?
Police stopped Robert Lidster at a checkpoint set up to find information about a recent hit-and-run accident. Lidster was arrested, and later convicted, for drunk driving. Lidster successfully appealed his conviction to the Illinois Appellate Court. It relied on the U.S. Supreme Court"s decision in Indianapolis v. Edmo
Duped by the Facebook advertisement seeking persons to transport currency across the border. PSA
Homeland Security Investigations and Customs and Border Protection have credible information that an individual in the Baja California border region (the “Recruiter”) has placed help wanted advertisements on Facebook seeking persons to transport currency across the border. Credible information indicates at least some i
After waiting just 20 seconds, police used a battering ram on the door to execute a search warrant.
We review questions of probable cause de novo, but with "due weight to inferences drawn from [the] facts by resident judges and local law enforcement officers." Ornelas v. United States,517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). We need only find that the issuing magistrate had a substantial basis for f
Do NOT use ChatGPT for your legal research! Police search a home after intercepting a mail package.
Upon this evidence, and knowing that the box was at the airport in the possession of DEA agents, the magistrate issued a warrant for a search of Hendrick"s residence at N. Sidney. Although the warrant states that "on the premises known as 2835 N. Sidney . . . there is now being concealed . . . a . . . cardboard box [co
Can police search your home if they found a small amount of drugs in your car during a traffic stop?
The Ninth Circuit has repeatedly affirmed searches of homes of suspected drug dealers even where there is no direct evidence linking the homes to illegal activity, because the presence of evidence in a drug dealer"s home is a reasonable inference to draw. See, e.g., United States v. Fannin, 817 F.2d 1379, 1381–82 (9th
Police persistently pounded on the front door and windows for 2.5 minutes at 9:00 at night.
The general rule in the Ninth Circuit concerning knock and talk encounters is: Absent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of privacy, for anyone openly and peaceably, at high noon