Collect Call with Lawstache

By: Anton Vialtsin Esq.
  • Summary

  • Every week, host 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.
    © 2023 Collect Call with Lawstache
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Episodes
  • Judge Gave a Verbal OK to Search a Home — But Does the 4th Amendment Require More?
    Feb 26 2025

    The Fourth Amendment specifically requires a warrant to include a description of the “place to be searched.” The police officers here—at first—complied with that requirement, obtaining a warrant that listed a motel room suspected of being a hub for drug trafficking. The officers then decided to search the suspect’s home as well, and asked the judge over the phone to expand the scope of the warrant to include the home. The judge agreed, but the officers did not physically amend the warrant.

    We agree with the district court that the officers violated the Fourth Amendment because the warrant was facially defective. While a judge had orally approved the search of the home, the text of the Fourth Amendment still requires the warrant to specify the place to be searched.

    Full case here: Manriquez v. Ensley, --- F.4th ---- (2022), https://cdn.ca9.uscourts.gov/datastore/opinions/2022/08/30/20-16917.pdf

    Anton Vialtsin, Esq.
    LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
    https://lawstache.com
    (619) 357-6677

    Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
    https://lawstache.com/merch/

    Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

    Want to learn about our recent victories?
    https://lawstache.com/results-notable-cases/

    If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:

    *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
    *Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
    *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
    *Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
    *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
    *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
    *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
    *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q

    Are you are a Russian speaker? Вы говорите по-русски?
    https://russiansandiegoattorney.com

    Based in San Diego, CA
    Licensed: California, Nevada, and Federal Courts

    The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

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    7 mins
  • Fire Scene Searches: Do Arson Investigators Need a Warrant? Does 4th Amendment Apply to Fire Dept.?
    Feb 19 2025

    Respondents' private residence was damaged by an early morning fire while they were out of town. Firefighters extinguished the blaze at 7:04 a.m., at which time all fire officials and police left the premises. Five hours later, a team of arson investigators arrived at the residence for the first time to investigate the cause of the blaze. They found a work crew on the scene boarding up the house and pumping water out of the basement. The investigators learned that respondents had been notified of the fire and had instructed their insurance agent to send the crew to secure the house. Nevertheless, the investigators entered the residence and conducted an extensive search without obtaining either consent or an administrative warrant. Their search began in the basement where they found two Coleman fuel cans and a crock pot attached to an electrical timer. The investigators determined that the fire had been caused by the crock pot and timer and had been set deliberately. After seizing and marking the evidence found in the basement, the investigators extended their search to the upper portions of the house where they found additional evidence of arson. Respondents were charged with arson and moved to suppress all the evidence seized in the warrantless search on the ground that it was obtained in violation of their rights under the Fourth and Fourteenth Amendments. The Michigan trial court denied the motion on the ground that exigent circumstances justified the search. On interlocutory appeal, the Michigan Court of Appeals found that no exigent circumstances existed and reversed.

    Held: The judgment is affirmed in part and reversed in part.

    Justice POWELL, joined by Justice BRENNAN, Justice WHITE, and Justice MARSHALL, concluded that where reasonable expectations of privacy remain in fire-damaged premises, administrative searches into the cause and origin of a fire are **644 subject to the warrant requirement of the Fourth Amendment absent consent or exigent circumstances. There are especially strong expectations of privacy in a private residence and respondents here retained significant privacy interests in their fire-damaged home. Because the warrantless search of the basement and upper areas of respondents' home was authorized neither by consent nor exigent circumstances, the evidence seized in that search was obtained in violation of respondents' rights under the Fourth and Fourteenth Amendments and must be suppressed.

    Anton Vialtsin, Esq.
    LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
    https://lawstache.com
    (619) 357-6677

    Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
    https://lawstache.com/merch/

    Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

    Want to learn about our recent victories?
    https://lawstache.com/results-notable-cases/

    If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:

    *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
    *Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
    *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
    *Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
    *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
    *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
    *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
    *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q

    Are you are a Russian speaker? Вы говорите по-русски?
    https://russiansandiegoattorney.com

    Based in San Diego, CA
    Licensed: California, Nevada, and Federal Courts

    The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

    Show More Show Less
    11 mins
  • Can Police Stop a Car If the Owner’s License Is Revoked — Without Confirming Who's Driving?
    Feb 12 2025

    This case presents the question whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license.

    Under this Court’s precedents, the Fourth Amendment permits an officer to initiate a brief investigative traffic stop when he has “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” United States v. Cortez, 449 U.S. 411, 417–418 (1981); see also Terry v. Ohio, 392 U.S. 1, 21–22 (1968). “Although a mere ‘hunch’ does not create reasonable suspicion, the level of suspicion the standard requires is considerably less than proof of wrongdoing by a preponderance of the evidence, and obviously less than is necessary for probable cause.” Prado Navarette v. California, 572 U.S. 393, 397 (2014) (quotation altered); United States v. Sokolow, 490 U.S. 1, 7 (1989).

    Because it is a “less demanding” standard, “reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause.” Alabama v. White, 496 U.S. 325, 330 (1990). The standard “depends on the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Navarette, supra, at 402 (quoting Ornelas v. United States, 517 U.S. 690, 695 (1996) (emphasis added; internal quotation marks omitted)). Courts “cannot reasonably demand scientific certainty . . . where none exists.” Illinois v. Wardlow, 528 U.S. 119, 125 (2000). Rather, they must permit officers to make “commonsense judgments and inferences about human behavior.” Ibid.; see also Navarette, supra, at 403 (noting that an officer “ ‘need not rule out the possibility of innocent conduct’ ”).

    Before initiating the stop, Deputy Mehrer observed an individual operating a 1995 Chevrolet 1500 pickup truck with Kansas plate 295ATJ. He also knew that the registered owner of the truck had a revoked license and that the model of the truck matched the observed vehicle. From these three facts, Deputy Mehrer drew the commonsense inference that Glover was likely the driver of the vehicle, which provided more than reasonable suspicion to initiate the stop.

    The fact that the registered owner of a vehicle is not always the driver of the vehicle does not negate the reason- ableness of Deputy Mehrer’s in

    Anton Vialtsin, Esq.
    LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
    https://lawstache.com
    (619) 357-6677

    Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
    https://lawstache.com/merch/

    Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

    Want to learn about our recent victories?
    https://lawstache.com/results-notable-cases/

    If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:

    *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
    *Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
    *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
    *Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
    *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
    *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
    *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
    *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q

    Are you are a Russian speaker? Вы говорите по-русски?
    https://russiansandiegoattorney.com

    Based in San Diego, CA
    Licensed: California, Nevada, and Federal Courts

    The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

    Show More Show Less
    9 mins

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