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4th Amendment & Searches

Searches, seizures, warrants, traffic stops and motions to suppress. 231 articles and videos.

• Can Police Stop You JUST Because You’re on Probation or Parole? (California Law)
  September 2, 2026 · ▶ Video

  Can police pull you over in California JUST because the registered owner is on probation or parole — with no traffic violation, no equipment issue,…

• Cops Wore NIGHT VISION Goggles to Spy on This Driveway… Was It Legal?
  August 12, 2026 · ▶ Video

  Cops used night vision goggles to walk up someone’s driveway with NO warrant. Today, we break down People v. Lieng (2010) — a California case that…

• Can Cops Use a Thermal Camera on Your Home Without a Warrant? | Kyllo v. US
  July 22, 2026 · ▶ Video

  Can police point a thermal camera at your house and use it as evidence — without a warrant? That’s exactly what happened in Kyllo v. United States, one…

• “He Put Stuff in My Room, Bro” — Kid Destroys 4th Amendment Defense (US v. Gatkuoth)
  June 10, 2026 · ▶ Video

  A man flees a traffic stop, runs into a stranger's house, and hides a — then claims the police violated his 4th Amendment rights.

• FBI Raids Home, Refuses to Show Warrant — State Can’t Just Take the Feds’ Word for It. 4th Amendment
  June 3, 2026 · ▶ Video

  The FBI shows up to a man’s home with 80 agents, an armored tank, and a sealed federal warrant — and when he asks to see it, nobody shows him one. Then…

• San Diego Alien Smuggling Attorney
  Guide

  Charged with alien smuggling in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm has direct experience defending 8 USC 1324 charges in the…

• The U.S. Seized $50 Million (700,000 Barrels) of Iranian Oil Mid-Ocean. Turkey Made a Claim as Owner
  April 22, 2026 · ▶ Video

  The U.S. government seized 700,000 barrels of Iranian oil from two tankers in the Mediterranean Sea — sold it for $50 million

• Suspended License Since 1993. Cop Towed His Car. Cop Found Drugs & a Gun. Judge Threw It All Out!
  March 25, 2026 · ▶ Video

  Suspended License Since 1993. Cop Towed His Car. Cop Found Drugs & a Gun. Judge Threw It All Out!

• Border Patrol Tracked Him in Real Time & His Old Guilty Plea Buried Him in the New Crime
  March 4, 2026 · ▶ Video

  Border Patrol agents ran a real-time records check that pulled the car's travel history, checkpoint records, and registration data

• Border Patrol Tracked Him in Real Time & His Old Guilty Plea Buried Him in the New Crime
  March 4, 2026 · ▶ Video

  Border Patrol agents ran a real-time records check that pulled the car's travel history, checkpoint records, and registration data

• Probation Officer Walked Into Her Home Without a Warrant — Federal Court Says UNCONSTITUTIONAL
  February 25, 2026 · ▶ Video

  Federal probation officers showed up at Deanna Coleman's door, but a federal appeals court just ruled the entire search was unconstitutional.

• Can Police Search a Bag in Your Car Without a Warrant? | California v. Acevedo and 4th Amendment
  December 17, 2025 · ▶ Video

  In California v. Acevedo (1991), the U.S. Supreme Court expanded the automobile exception to the Fourth Amendment, allowing police to search.

• Top 10 Criminal Law Cases and Myths | PART 9: Everything you need to know about your SENTENCING.
  November 12, 2025 · ▶ Video

  Learn how United States v. Booker (2005) changed federal sentencing by making the guidelines advisory and restoring judges’ discretion.

• Top 10 Criminal Law Cases and Myths | PART 8: Prosecution can’t hide evidence favorable to accused
  October 29, 2025 · ▶ Video

  Here is why the prosecutor should not hide favorable evidence from the defense. Brady violations explained.

• Top 10 Criminal Law Cases and Myths | PART 7: Privacy rights in the digital age. Cell Phone GEO data
  October 15, 2025 · ▶ Video

  In Carpenter v. United States (2018), the Supreme Court faced a modern privacy dilemma: can the government track your cell phone’s location without a…

• Top 10 Criminal Law Cases and Myths | PART 6: Can we get evidence excluded from trial & case dismiss
  October 8, 2025 · ▶ Video

  Break down Mapp v. Ohio (1961) — the decision that applied the exclusionary rule to the states. How is Don King connected to this case?

• Top 10 Criminal Law Cases and Myths | PART 5: Can Police Search Your Car Without a Warrant?
  Guide · ▶ Video

  Stopped in San Diego? Learn the truth about car searches, the Fourth Amendment, and your rights at traffic stops.

• Top 10 Criminal Law Cases and Myths | PART 4: Stop-and-Frisk & the Fourth Amendment Explained
  Guide · ▶ Video

  Watch our in-depth video on Terry v. Ohio (1968), the Supreme Court case that created stop-and-frisk. Learn the facts, holding, and myths.

• Top 10 Criminal Law Cases and Myths | PART 3: Katz – The Case That Changed Privacy Forever.
  September 10, 2025 · ▶ Video

  San Diego Privacy Lawyers! We fight for your 4th Amendment Rights. Call San Diego Criminal Defense Lawyer today!

• He Thought It Was His Cousin’s House. Was It Burglary? | People v. Hendrix (2022)
  August 6, 2025 · ▶ Video

  Can an honest—but unreasonable—mistake erase criminal intent? In People v. Hendrix (2022), the California Supreme Court tackled this exact question…

• Tom Homan claims ICE officers ‘don’t need probable cause’ to ‘briefly detain’ people. Is that true?
  July 16, 2025 · ▶ Video

  🚨 USA v. Bejar-Guizar (2025) – Border Patrol Stop & 9th Circuit Immigration Ruling Explained 🚨 In this video, we break down the 9th Circuit Court of…

• Can You Refuse to Talk, Cooperate, Open the Door to Police or ICE While on Parole or Probation?
  July 2, 2025 · ▶ Video

  The Fifth Amendment’s privilege against selfincrimination generally applies only to those who “claim it.” Saechao, 418 F.3d at 1077 (quotation…

• ICE’s “Knock and Arrest” Tactics Deemed Unconstitutional – Do NOT Enter Curtilage Without a Warrant
  June 18, 2025 · ▶ Video

  While “knock and talks”—as defined by the United States Supreme Court—are considered constitutional, “knock and talks”—as defined and executed by U.S.…

• Trunk Search Without a Warrant? Court Says That Went Too Far Even Under Automobile Exception.
  June 11, 2025 · ▶ Video

  “The automobile exception provides ‘police who have probable cause to believe a lawfully stopped vehicle contains evidence of criminal activity or…

• Police Must UNDERSTAND LAWS, They Are Entrusted to Enforce and Obey. No Registration Sticker Needed
  May 14, 2025 · ▶ Video

  What Officer Hill reasonably suspected, namely that Lopez–Soto had not affixed a registration sticker to his rear window, simply was not a violation of…

• Police Officer Claims He Could Hear Marijuana Being Loaded into a Car. Marijuana has Sound?
  May 7, 2025 · ▶ Video

  The government argues that we should credit Jankowski’s testimony because of his nineteen years of experience as a police officer and thousands of…

• Can Police Stop a Car for Weaving WITHIN a Lane and Briefly Touching the Fog/Shoulder White Line?
  April 30, 2025 · ▶ Video

  On November 12, 1999, at approximately 2:05 a.m., Sergeant Thomas Carmichael observed a blue Honda traveling at 70 m.p.h. northbound in the right lane…

• Can Police Pull Over Hispanic Males Because They Drove Careful Like “Didn’t Want to Get Pulled Over”
  April 23, 2025 · ▶ Video

  Few statements in the law are as often repeated: “[A]n investigative stop or detention predicated on mere curiosity, rumor, or hunch is unlawful, even…

• Immigration Pulled Over a Car Because the Occupants Were Hispanic and “Kind of Dirty Looking.”
  April 16, 2025 · ▶ Video

  The starting point for our analysis of whether the INS had reasonable suspicion to stop Serrano is United States v. Brignoni-Ponce, 422 U.S. 873, 95…

• Police Can’t Enter a Home & Seize Firearms Without a Warrant Under “Community Caretaking Exception”
  April 9, 2025 · ▶ Video

  Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded…

• Can US Customs and Border Protection search your tech, including a cellphone and laptop?
  April 2, 2025 · ▶ Video

  The panel reversed the district court’s order denying the defendant’s motion to suppress evidence obtained from warrantless searches of his cell phone…

• Immigration Detentions Up, Federal Prosecutions Down: What’s Going On Under Trump’s Second Term?
  March 26, 2025 · ▶ Video

  The latest available data from the Justice Department show that during January 2025 the government reported 3196 new immigration prosecutions.…

• Police Detained Occupants in Handcuffs for 3 Hours in Garage & Questioned About Immigration Status.
  March 5, 2025 · ▶ Video

  Respondent Mena and others were detained in handcuffs during a search of the premises they occupied. Petitioners were lead members of a police…

• Fire Scene Searches: Do Arson Investigators Need a Warrant? Does 4th Amendment Apply to Fire Dept.?
  February 19, 2025 · ▶ Video

  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…

• Can Police Stop a Car If the Owner’s License Is Revoked — Without Confirming Who’s Driving?
  February 12, 2025 · ▶ Video

  This case presents the question whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a…

• Can Police Without a Warrant Enter Private Property to Search a Car Parked Near a House? Check VIN?
  February 5, 2025 · ▶ Video

  During the investigation of two traffic incidents involving an orange and black motorcycle with an extended frame, Officer David Rhodes learned that…

• Can Police Search a Car If The Arrested Person Was Already Outside the Vehicle When Police Arrived?
  January 29, 2025 · ▶ Video

  Before Officer Nichols could pull over petitioner, petitioner parked and got out of his car. Nichols then parked, accosted petitioner, and arrested him…

• Police Peer Through a Gap in Closed Blinds — Do Social Guests Have 4th Amendment Protection?
  January 15, 2025 · ▶ Video

  A police officer looked in an apartment window through a gap in the closed blind and observed respondents Carter and Johns and the apartment’s lessee…

• Man who racked up a pile of parking tickets argued that there was NO NOTICE to tow his car! 14th Amd
  January 8, 2025 · ▶ Video

  Fourteenth Amendment Due Process Clause/Vehicular Tows The panel affirmed the district court’s grant of summary judgment for the City of Portland in an…

• Top 3 of 2024: Police enter home without a warrant to arrest a felon, ruse checkpoint, & containers
  January 1, 2025 · ▶ Video

  Thank you all for an incredible year! I experienced the biggest surge in viewership, and it’s all because of your amazing support in sharing my videos.…

• Smoking marijuana two hours prior and bloodshot eyes alone aren’t enough for a DUI arrest.
  December 25, 2024 · ▶ Video

  Ultimately, the Court is presented with two facts: (1) Mr. Russell consumed marijuana at least two hours before the stop; and (2) Mr. Russell may have…

• Stopped for Broken Taillight, Restrained & Searched Because of High-Crime Area Late at Night.
  December 18, 2024 · ▶ Video

  May officers, as a matter of standard procedure and in the name of “officer safety,” detain and frisk a driver stopped for an equipment infraction…

• Can police search your HOME to seize your CELL PHONE anytime they suspect you of a crime?
  December 11, 2024 · ▶ Video

  Most of us nowadays carry a cell phone. And our phones frequently contain information chronicling our daily lives—where we go, whom we see, what we say…

• Police prolong traffic stop by asking UBER driver why he took his PASSENGER near a high crime area.
  December 4, 2024 · ▶ Video

  The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons . . . and effects against unreasonable searches and seizures.”…

• Police tried to manufacture some reason to prolong motorist’s detention. Asked a bunch of questions.
  November 27, 2024 · ▶ Video

  The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches…

• Police prolonged a stop by waiting for a K-9 unit to arrive because driver had air freshers.
  November 20, 2024 · ▶ Video

  The Fourth Amendment protects “[t]he right of the people to be secure in their persons … against unreasonable searches and seizures.”U.S. Const.amend.…

• Police detained an innocent guy, who didn’t match description and had no connection to the crime
  November 13, 2024 · ▶ Video

  Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the…

• Do you have to stop at the Agricultural Checkpoints? California Department of Food and Agriculture.
  November 6, 2024 · ▶ Video

  Following denial of his suppression motion, defendant pleaded guilty to possession of marijuana for sale. Defendant had approached the Needles,…

• Police stop every motorist at checkpoint to ask about a hit-and-run accident. Unreasonable seizure?
  October 30, 2024 · ▶ Video

  Police stopped Robert Lidster at a checkpoint set up to find information about a recent hit-and-run accident. Lidster was arrested, and later…

• After waiting just 20 seconds, police used a battering ram on the door to execute a search warrant.
  October 23, 2024 · ▶ Video

  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…

• Do NOT use ChatGPT for your legal research! Police search a home after intercepting a mail package.
  October 16, 2024 · ▶ Video

  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…

• Can police search your home if they found a small amount of drugs in your car during a traffic stop?
  October 9, 2024 · ▶ Video

  The Ninth Circuit has repeatedly affirmed searches of homes of suspected drug dealers even where there is no direct evidence linking the homes to…

• Police persistently pounded on the front door and windows for 2.5 minutes at 9:00 at night.
  October 2, 2024 · ▶ Video

  The general rule in the Ninth Circuit concerning knock and talk encounters is: Absent express orders from the person in possession against any possible…

• Police Demanded the Resident Open the Door for Visual Inspection, Followed by Forced Entry.
  September 25, 2024

  It is well established that, even when officers have probable cause to believe that contraband is present in a home, a warrantless search of the home…

• Can police operate a drug checkpoint or does the roadblock violate the 4th Amendment?
  September 11, 2024 · ▶ Video

  Petitioner city operates vehicle checkpoints on its roads in an effort to interdict unlawful drugs. The District Court denied respondents a preliminary…

• A Game of Russian Roulette Ended in a Shooting Death. Police Search Witness’s Room Without a Warrant
  September 4, 2024 · ▶ Video

  Because the Fourth Amendment protects “people, not places,” Katz v. United States, 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), Davis must…

• ATF agents LIED to the resident that someone had planted a BOMB to gain CONSENT to search.
  August 30, 2024 · ▶ Video

  Agent Brenneman told Mr. Harrison they were there because, “our office received an anonymous phone call there were drugs and bombs at this apartment,”…

• Conclusory statements and general claims of expertise by police do not establish probable cause
  August 30, 2024 · ▶ Video

  Warrantless searches by law enforcement officers “are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and…

• DOJ to reclassify cannabis to schedule III, drug priors trigger mandatory min., say sorry to a cop.
  August 30, 2024 · ▶ Video

  Justice Department Publishes Proposed Rule to Reclassify Cannabis, Begins Accepting Public Comments The Department of Justice (“DOJ”) proposes to…

• Felon in Possession Unconstitutional, Right to Protest, and Cryptocurrency, own cases
  August 30, 2024 · ▶ Video

  Ninth Circuit Holds Felon-in-Possession Unconstitutional as to Non-Violent Offenders After Bruen May 9th 2024, in United States v. Duarte, No. 22-50048…

• NO PROBABLE CAUSE to ARREST, just being close to the wrong people at the wrong time.
  August 30, 2024 · ▶ Video

  The district court found inexplicable discrepancies between, on the one hand, the events as depicted in an audio recording and reports of agents nearly…

• Police aimed his gun at her nose, told her to freeze, and detained: ARREST and NOT a “Terry Stop.”
  August 30, 2024 · ▶ Video

  Robertson: Robertson encounters a fundamental obstacle: standing. A defendant must show standing even if the government has not pressed the issue in…

• Police enter a home WITHOUT consent for welfare check, find woman unharmed, ILLEGALLY search anyway.
  August 30, 2024 · ▶ Video

  During the evening hours of January 5, 2019, officers were dispatched to Dane Arredondo’s (“Dane”) house on a neighbor’s report of a woman screaming…

• Police Helicopter Lit Up the Suspect’s House Like a Christmas Tree. Forcing to exit = illegal arrest
  August 30, 2024 · ▶ Video

  Nora next contends that, even if the officers had probable cause to arrest him, they arrested him in violation of Payton v. New York, 445 U.S. 573, 100…

• Police searched ENTIRE vehicle without a warrant or authority. Limitations on consent!
  August 30, 2024 · ▶ Video

  The Fourth Amendment proscribes unreasonable searches and seizures, but it permits a warrantless search to which the suspect consents. “When conducting…

• Police took the man’s phone and ANSWERED an incoming call IMPERSONATING the person being arrested.
  August 30, 2024 · ▶ Video

  When Andres Lopez–Cruz (“Lopez”) gave a border patrol agent permission to “look in” or “search” the two cell phones he had with him, the agent did not…

• When cops can’t find house number 3171, they execute the warrant at 3170. Seems legit, right?
  August 30, 2024 · ▶ Video

  Officer Harold Cheirs and his partner, Officer Robinson, tried to serve an arrest warrant on Phyllis Brown at 3171 Hendricks Avenue in Memphis,…

• I was just a passenger in the car with secret compartments filled with pounds of drugs. Am I Guilty?
  August 26, 2024 · ▶ Video

  This appeal stemmed from two individuals’ cross-country car trip. Inside the car were secret compartments containing bundles of methamphetamine. But to…

• NOT a crime for citizen to refuse entry to her home to police who do not have an appropriate warrant
  August 26, 2024 · ▶ Video

  The Supreme Court has held that police need no warrant to arrest a felony suspect on probable cause in a public place; United States v. Watson, 1976,…

• A seizure occurs when police prevents a person from leaving by keeping his driver’s license.
  August 23, 2024 · ▶ Video

  In sum, under the most recent cases a seizure occurs only if: (1) a reasonable person would feel, under all the circumstances, he could not disregard…

• Awakened at 3am, handcuffed, led shoeless and dressed only in his underwear to the police station.
  August 23, 2024 · ▶ Video

  Kaupp was arrested within the meaning of the Fourth Amendment before the detectives began to question him. A seizure of the person within the meaning…

• No way of knowing that drugs found in a trash came from defendant’s residence. Invalid Warrant.
  August 23, 2024 · ▶ Video

  The Constitution’s Fourth Amendment provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly…

• Police block a person’s car in a narrow parking lot. Was this a seizure under 4th Amendment?
  August 23, 2024 · ▶ Video

  A Fourth Amendment seizure occurs “when physical force is used to restrain movement or when a person submits to an officer’s ‘show of authority.’ ”…

• Police got in wife’s car, directed her to nearby parking lot while husband was arrested at home.
  August 23, 2024 · ▶ Video

  Defendant-Appellant Lucas Gregory Fox entered a conditional guilty plea to one count of possession of an unregistered shotgun with a barrel less than…

• Police had no reasonable suspicion to detain for 45 minutes on belief that power washer was stolen
  August 23, 2024 · ▶ Video

  The Fourth Amendment’s protections extend to brief investigatory stops that fall short of a traditional arrest. Ramirez v. City of Buena Park, 560 F.3d…

• Police holding on to your driver’s license can constitute an illegal seizure under the 4th Amendment
  August 23, 2024 · ▶ Video

  For purposes of the Fourth Amendment, a seizure occurs when a law enforcement officer, by means of physical force or show of authority, in some way…

• Teenager detained by police was a de facto arrest! Without probable cause the arrest became illegal!
  August 23, 2024 · ▶ Video

  The Supreme Court itself has recognized that distinguishing a Terry investigative stop from a de facto arrest “may in some instances create difficult…

• Can police go through your garbage left for collection outside your home WITHOUT A WARRANT?
  August 22, 2024 · ▶ Video

  Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search…

• Can police remove a car cover off a vehicle without a warrant to inspect for a VIN number?
  August 22, 2024 · ▶ Video

  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. §…

• Did police illegally seize a luggage bag when they removed it from cargo area of the bus?
  August 22, 2024 · ▶ Video

  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…

• Police block a one-lane driveway and not let the person leave the house. Illegal seizure of person.
  August 22, 2024 · ▶ Video

  On Sunday December 15, 1985 at 3:30 p.m., Deputy Sheriff Hedrick was on routine patrol in a rural neighborhood. Deputy Hedrick observed Kerr by a car…

• Police inserted a key into car’s door to see if the car belonged to Dixon and then searched it.
  August 22, 2024 · ▶ Video

  The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…

• Police “secured” the home & didn’t let the husband back inside after suspicious death of his wife
  August 22, 2024 · ▶ Video

  Following the unexpected death of Defendant Walt Shrum’s common law wife at the couple’s home around 5:30 a.m. on March 11, 2015, police officers in…

• Can police search a bag you left behind in someone’s apartment? Jail and prison calls are recorded!
  August 21, 2024 · ▶ Video

  “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…

• Airport Worker Searches Luggage in Hopes of Getting a Monetary $$$ Reward From the DEA.
  August 20, 2024 · ▶ Video

  The United States appealed from orders of the United States District Court for the Western District of Washington, Donald S. Voorhees, J., granting…

• Can CBP Search A Passenger Cabin Aboard a Cruise Ship Without Suspicion of Criminal Activity?
  August 20, 2024 · ▶ Video

  The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…

• Can Police Prolong a Traffic Stop to Pat Down and Frisk a Driver Because He Wears a Fanny Pack?
  August 20, 2024 · ▶ Video

  The panel affirmed the district court’s denial of a motion to suppress evidence discovered following a traffic stop, and remanded for the district…

• Can Police Search a Tent Illegally Placed on Bureau of Land Management (BLM) Land Without a Warrant?
  August 20, 2024 · ▶ Video

  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…

• Extended Roadside Questioning: Don’t Let Police Use “Just One More Thing” Line of Questioning.
  August 20, 2024 · ▶ Video

  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…

• Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker?
  August 20, 2024 · ▶ Video

  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…

• Know Your Rights: Can Police Search a Tent Located on a Public Campground? Can They Arrest Occupant?
  August 20, 2024 · ▶ Video

  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…

• Messy Vehicle Interior Doesn’t Justify Extended Police Traffic Stop and K9 Search.
  August 20, 2024 · ▶ Video

  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…

• Outrageous: Wearing a Fanny Pack Over Your Shoulder Could Land You in a Police Search!?!
  August 20, 2024 · ▶ Video

  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…

• Unlawful Police Home Entry: Violating Fourth Amendment Rights of House Guests | Girlfriend Apartment
  August 20, 2024 · ▶ Video

  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…

• How Dog Sniffs and Unrelated Inquiries Can Turn a Traffic Stop into a Constitutional Violation
  July 31, 2024 · ▶ Video

  What began as a lawful traffic stop violated the Fourth Amendment’s shield against unreasonable seizures when the officers detoured from the traffic…

• Understanding the 4th Amendment: What Happened with the Abandoned Vehicle?
  July 31, 2024 · ▶ Video

  But warrantless searches of vehicles carried out as part of law enforcement's community caretaking functions do not violate the Fourth Amendment

• Unlawful Trunk Search? Analyzing a Case of Police Misconduct and the Automobile Exception
  July 31, 2024 · ▶ Video

  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.

• Agents Point Guns and Order Home Residents Outside: Understanding the 4th Amendment and Curtilage
  May 23, 2024 · ▶ Video

  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.…

• Exigent Circumstances in DUI Cases: Did the Suspect’s Retreat to His Home Warrant Police Entry?
  May 23, 2024 · ▶ Video

  The issue before this court is whether Captain Walsh was justified in making entry into the Defendant’s residence without first obtaining a search…

• Phone Searches at the Border: What CBP Can and Can’t Do
  May 23, 2024 · ▶ Video

  The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches…

• Police promises NOT to arrest, “settled notions of fundamental fairness” may require a DISMISSAL.
  May 23, 2024 · ▶ Video

  On September 24, 2019, shortly after witnessing Manley Johnson leave Appellant Maurice Bailey’s home, Kannapolis, North Carolina police officer Jeremy…

• Disturbing Police Overreach: unreasonable GPS tracking after owner no longer drove the car
  May 2, 2024 · ▶ Video

  “To invoke the Fourth Amendment protections, a person must show that [they] had a legitimate expectation of privacy.” U.S. v. Shryock, 342 F.3d 948,…

• Know Your Rights: Can Cops Inquire About Probation/Parole in Routine Traffic Stops? Driver Pat-Downs
  May 2, 2024 · ▶ Video

  On August 26, 2020, at approximately 2:32 AM, Odom drove past two California Highway Patrol officers at 92 miles per hour, in violation of California…

• Abuse of Power? Examining Police Use of ‘Community Caretaking’ in Illegal Hotel Room Searches
  May 1, 2024 · ▶ Video

  Under the Fourth Amendment, defendant had a legitimate expectation of *320 privacy in his rented hotel room. See Stoner v. California, 376 U.S. 483,…

• Outrageous Police Action: Seizing a Van Without Warrant Authorization – Unbelievable!
  May 1, 2024 · ▶ Video

  Warrant. Defendant argues that the affidavit was insufficient because there is no information on the reliability of either confidential informant…

• PART 1: “GPS Tracking Initiated at the Border” and Continuous Surveillance Within the US. #gps
  May 1, 2024 · ▶ Video

  The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…

• PART 2: “GPS Tracking Initiated at the Border” | 4th Amendment and Technology #gps
  May 1, 2024 · ▶ Video

  The Fourth Amendment protects individuals from unreasonable government searches and seizures. • Seizures can be split into two categories. o A seizure…

• PART 3: “GPS Tracking Initiated at the Border” | 4th Amendment and the Border Search Doctrine
  May 1, 2024 · ▶ Video

  The Border Search Doctrine is one of the longstanding warrantless search exceptions to the 4th Amendment. Most searches at the border do not require a…

• PART 4: “GPS Tracking Initiated at the Border” | US v. Ignjatov, GPS installed without a warrant
  May 1, 2024 · ▶ Video

  The Court concluded that “[o]nce the entity at issue is beyond the border, the concerns animating the border search doctrine, namely the integrity of…

• Confidentiality Clash: Can Medical Professionals Disclose Diagnostic Test Results to Law Enforcement
  April 24, 2024 · ▶ Video

  Held: A state hospital’s performance of a diagnostic test to obtain evidence of a patient’s criminal conduct for law enforcement purposes is an…

• Police Car Searches: Passenger Arrest or ID Refusal as Grounds?
  April 24, 2024 · ▶ Video

  Passenger and vehicle searches have played a prominent role in Fourth Amendment jurisprudence. The Supreme Court has consistently held that probable…

• Injustice Unveiled: Shocking Police Searches Targeting Uninvolved and Innocent Property Owners
  March 19, 2024 · ▶ Video

  One might think that someone who didn’t commit any crimes or even suspected of committing a crime would be afforded some protection under the Fourth…

• Police Ransack Vehicle for Legal 28.5g Weed Possession!
  March 19, 2024 · ▶ Video

  The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…

• Can Cars Be Searched TWICE – at the Scene and Again at Impound Lot – Under the Automobile Exception?
  February 27, 2024 · ▶ Video

  Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to…

• Can the government track your eScooter (Lime) with real-time location data (GPS) without a warrant?
  February 27, 2024 · ▶ Video

  Background: Lessee of motorized electric scooters brought action challenging constitutionality of city program requiring companies that leased such…

• Innocent Bystander Illegally Detained by Police with No Ties to Crime or 911 Call
  February 27, 2024 · ▶ Video

  Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the…

• Police cannot enter your porch or side garden and trawl for evidence with impunity. Curtilage.
  February 27, 2024 · ▶ Video

  In April 2021 the Springfield, Illinois police saw a Snapchat post of Jeremy Banks barbequing on his front porch with a gun sitting on the grill’s side…

• Police search a semi-truck hauling a ford explorer. 40 pounds of meth found. Fourth Amendment.
  February 27, 2024 · ▶ Video

  “An individual asserting Fourth Amendment rights must demonstrate that he personally has an expectation of privacy in the place searched, and that his…

• Why did the police remove the defendant’s Buick key from his belt loop during a stop-and-frisk?
  February 27, 2024 · ▶ Video

  The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches…

• Can police search a camper truck without a warrant under a pretense of helping wife get her property
  November 14, 2023 · ▶ Video

  Can police search a camper truck without a warrant under a pretense of helping wife get her property? San Diego Criminal Defense Lawyers

• Does mere presence of LAWFUL amount of marijuana on passenger justify probable cause to search car?
  November 14, 2023 · ▶ Video

  Does mere presence of LAWFUL amount of marijuana on passenger justify probable cause to search car? San Diego Criminal Defense

• Was defendant “in custody” for MIRANDA purposes following discovery of a firearm in a trash can?
  November 14, 2023 · ▶ Video

  Was defendant "in custody" for MIRANDA purposes following discovery of a firearm in a trash can? San Diego Criminal Defense.

• Can FBI record citizens in a hotel room with a secret hidden camera without a warrant? Nerber (2000)
  November 13, 2023 · ▶ Video

  Can FBI record citizens in a hotel room with a secret hidden camera without a warrant? San Diego Criminal Defense Attorney Anton Vialtsin.

• [RESPONSE] Nerber Video, Private Search Doctrine, Video/Audio Surveillance by Police or Citizens.
  November 13, 2023 · ▶ Video

  [RESPONSE] Nerber Video, Private Search Doctrine, Video/Audio Surveillance by Police or Citizens. San Diego Criminal Defense

• What is the Single-Purpose Container exception to 4th Amendment warrant requirement?
  October 10, 2023 · ▶ Video

  Not all containers and packages found by police during the course of a search will deserve the full protection of the Fourth Amendment.

• Child can’t waive privacy rights of her parents and does not have authority to consent to a search.
  October 3, 2023 · ▶ Video

  Can a child consent to a search of his house? Found out at San Diego Criminal Defense Lawyer's website: lawstache.com

• Opening box truck’s cargo door constitutes a search under 4th Amendment and police needed a WARRANT.
  October 3, 2023 · ▶ Video

  Yuen contends, inter alia, that Officer Kline’s opening the rear cargo door without his permission violated the Fourth Amendment to the United States…

• Can I be arrested without a warrant?
  Guide

  Can I be arrested without a warrant? Know your rights and call a San Diego Criminal Defense Lawyer Anton Vialtsin at 619-357-6677

• Can police search a motorcycle saddlebag without a warrant as incident to arrest?
  August 23, 2023 · ▶ Video

  San Diego Criminal Defense Attorney Anton Vialtsin discusses a case about police searching a motorcycle saddlebag.

• Officer threatens suspect that he will search his backpack in violation of the 4th Amendment, Part 1
  August 23, 2023 · ▶ Video

  San Diego Criminal Defense Attorney Anton Vialtsin discusses a case dealing with a search of a backpack by police.

• PART 2 of Howard Case. Officer threatens a motorcyclist that he will search the rider’s backpack.
  August 23, 2023 · ▶ Video

  San Diego Attorney Anton Vialtsin discusses the second part of the Howard case dealing with a search of backpack.

• Border Patrol SEARCH cell phone WITHOUT a WARRANT by relying on search incident to arrest exception.
  August 18, 2023 · ▶ Video

  San Diego Criminal Defense Attorney Anton Vialtsin discussed border patrol search. Arrested at the border? Call us today at 619-357-6677.

• Charged with burglary despite not having any burglary tools and claiming to be visiting his cousin.
  August 18, 2023 · ▶ Video

  San Diego Criminal Defense Attorney Discusses Burglary Law. Call us today at 619-357-6677 to speak to a licensed and experienced attorney.

• Judge orally approves the search of the home, but what does the 4th Amendment say about warrants?
  August 18, 2023 · ▶ Video

  San Diego Criminal Defense Attorney Anton Vialtsin Discusses the Fourth Amendment and police search home. Call us at 619-357-6677

• Legal possession of ammunition raises risk to society that justifies an arrest of the driver?
  August 18, 2023 · ▶ Video

  San Diego Criminal Defense Attorney Discusses if legal possession of ammunition can raise concern with police. Call us at 619-357-6677

• Reasonable Suspicion can’t be a broad profile casting suspicion on entire categories of people
  August 18, 2023 · ▶ Video

  San Diego Criminal Defense Attorney explains how reasonable suspicion cannot be a broad profile casting suspicion on entire population.

• Police request for passenger to show driver’s license constituted an unlawful seizure under 4th amd.
  Guide · ▶ Video

  San Diego Criminal Defense Attorney Anton Vialtsin discusses whether police can request passenger to show driver's license.

• How can I get my criminal case dismissed in San Diego?
  Guide

  If you're facing criminal charges, it's crucial to consult with an experienced San Diego criminal defense attorney. San Diego Criminal Defense Attorney Anton Vialtsin has over a decade of experience getting cases dismissed in San Diego State and Federal Courts. Check out our RESULTS page to see some of our recent victories.

• After the end of traffic stop, police officer did not inform driver that he was free to leave.
  Guide · ▶ Video

  Facing federal or state charges in San Diego? Attorney Anton Vialtsin explains US v. Gonzalez, vehicle searches, and ATF involvement.

• Can police order a passenger to stay in the car or get out? Does he need to show ID?
  Guide · ▶ Video

  Learn your rights when police asks passenger to exit the car. San Diego defense attorney Anton Vialtsin explains the Fourth Amendment

• Can police SEARCH your RENTAL car if you are NOT an authorized driver on the rental agreement?
  Guide · ▶ Video

  Can police search a rental car without your consent? Learn about your Fourth Amendment rights, Byrd v. United States, and recent cases.

• Cannabis is “not contraband” and “shall not constitute the basis for detention, search, or arrest.”
  Guide · ▶ Video

  Pulled over with marijuana in your car? Learn how traffic stop searches work, what police can and cannot do, and about Lawstache® Law Firm

• How police should NOT conduct a knock-and-talk at your door step. Illegal conduct & tainted warrant.
  Guide · ▶ Video

  The knock-and-talk exception permits police “to encroach upon the curtilage of a home, for the purpose of asking questions of the occupants.” United…

• Impermissibly prolonged traffic stop in violation of 4th Amendment. Drugs found in car – suppressed
  Guide · ▶ Video

  In Rodriguez v. United States, 575 U.S. 348 (2015), the Supreme Court explained that an officer’s authority to seize the occupants of a vehicle ends…

• Is criminal check of the driver allowed during a routine traffic stop?
  Guide · ▶ Video

  San Diego Criminal Defense Lawyer explains whether police can run a criminal check of the driver during the routine stop.

• Pretextual inventory search conducted as a ruse for a criminal investigation. People v. Torres 2010
  Guide · ▶ Video

  The purpose behind the decision to impound is crucial because of the reason for condoning inventory searches of impounded cars. “In the interests of…

• This case is solely about a question of fact, namely consent. US v. Delgado-Salazar
  Guide · ▶ Video

  San Diego Criminal Defense Attorney explains a case dealing with consent to search a luggage.

• Defining Plain View Doctrine in Horton v. CA (1990). Lawful vantage point, not violate 4th amendment
  Guide · ▶ Video

  Learn how the police plain view doctrine works under the Fourth Amendment. Understand when officers can seize evidence in plain sight.

• Passenger REFUSES to show ID! Disobeying an UNLAWFUL order by the police officer?!?
  Guide · ▶ Video

  9th Circuit: Our question is whether law enforcement officers may extend a lawfully initiated vehicle stop because a passenger refuses to identify…

• Can customs officials search your car’s gas tank for drugs without reasonable suspicion or warrant?
  Guide · ▶ Video

  Facing charges after a border vehicle search in San Diego? Our experienced criminal defense attorneys defend clients in your position!

• Can police detain a person miles away from his home as incident to execution of a search warrant?
  Guide · ▶ Video

  How Supreme Court’s decision in Bailey v. US limits police authority during searches. Facing charges from illegal search in San Diego

• Can police search a home after arresting and removing a non-consenting co-occupant? Fernandez v. CA
  Guide · ▶ Video

  Learn about consent searches when one occupant objects. San Diego attorney Anton Vialtsin explains your rights under the Fourth Amendment.

• Can police search a passenger of a vehicle after making a routine traffic stop?
  Guide · ▶ Video

  Learn how passenger search rules apply during traffic stops. Understand your Fourth Amendment rights. Call San Diego criminal defense lawyer

• Can police search your car after you’ve been handcuffed and secured as incident to a lawful arrest?
  Guide · ▶ Video

  Learn about home search laws, and your constitutional rights. Discover key legal insights from LAWSTACHE™, San Diego criminal defense

• Can you make a U-TURN before the border checkpoint? Reasonable suspicion to pull a vehicle over?
  Guide · ▶ Video

  Can you legally turn around before a checkpoint? Learn what the Ninth Circuit ruled in U.S. v. Montero-Camargo and how it affects your rights

• Changing lanes, driver cover face, no rear seat, pull over to the shoulder = reasonable suspicion?
  Guide · ▶ Video

  Pulled over for a lane change in California? Learn how courts view reasonable suspicion, what police can and cannot do in San Diego

• Concern about noncitizens (illegal aliens), who need aid, did NOT justify search of defendant’s home
  Guide · ▶ Video

  Learn how courts handle illegal alien searches and when evidence may be suppressed. Limits on warrants and exigent circumstances.

• Cop opens the passenger door and leans inside to speak to the driver. Illegal search? Ngumezi
  Guide · ▶ Video

  Can a cop open your car door during a traffic stop? The Ninth Circuit ruled officers cannot open a door without probable cause. LAWSTACHE

• Entering a home without a warrant because of an imminent threat of danger. Ryburn v. Huff
  Guide · ▶ Video

  Learn when police can enter a home without a warrant under the Fourth Amendment. Attorney Anton Vialtsin explains warrantless home searches.

• Exclusionary Rule: unlawfully seized evidence cannot be used in State & Federal Courts. Mapp v. Ohio
  Guide · ▶ Video

  In a frequently quoted passage, Justice Clark reasoned: “Moreover, our holding that the exclusionary rule is an essential part of both the Fourth and…

• How long should police wait after knock-and-announce before making forcible entry? US v. Banks
  Guide · ▶ Video

  Officers executing a warrant to search for cocaine in respondent Banks’s apartment knocked and announced their authority. The question is whether their…

• If you are 4th Waiver on parole/probation, cops still need probable cause to search residence.
  Guide · ▶ Video

  In United States v. Grandberry, we learn that a law enforcement officer may not conduct a warrantless search of premises without probable cause to…

• Is the passenger “detained” for the purposes of the 4th Amendment when a car is stopped? Brendlin
  Guide · ▶ Video

  When a police officer makes a traffic stop, the driver of the car is seized within the meaning of the Fourth Amendment. The question in this case is…

• One roommate tells police to STAY OUT while the other consents to a search of home? Randolph
  Guide · ▶ Video

  Scott Randolph was arrested for drug possession after police found cocaine in his home. The police did not have a warrant to search the home, but…

• PART 1 of 5: Vehicular Searches Without a Warrant. Consent Searches.
  Guide · ▶ Video

  “It is well-settled that one of the specifically established exceptions to therequirements of both a warrant and probable cause is a search that is…

• PART 2 of 5: Vehicular Searches Without a Warrant. Search Incident to a Lawful Arrest. SILA.
  Guide · ▶ Video

  Search conducted incident to a lawful custodial arrest “is not only an exception to the warrant requirement of the Fourth Amendment, but is also a…

• PART 3 of 5: Vehicular Searches Without a Warrant. Automobile Exception or The Carroll Doctrine.
  Guide · ▶ Video

  The automobile exception to the warrant requirement was first established by the Supreme Court in Carroll v. United States (1925), and provides that,…

• PART 4 of 5: Vehicular Searches Without a Warrant. Inventory Searches.
  Guide · ▶ Video

  In South Dakota v. Opperman, the Supreme Court outlined threejustifications for allowing law enforcement officers to inventory lawfully impounded…

• PART 5 of 5: Vehicular Searches Without a Warrant. Miscellaneous Concepts.
  Guide · ▶ Video

  Spot Checks:The Court found that random checks made only marginal contributions to roadway safety and compliance with registration requirements; less…

• “Particularly troubling false promise of access to the federal judiciary” by interrogating officer.
  Guide · ▶ Video

  Learn about the federal appeals, including motions to suppress confessions, involuntary statements, and appellate court rulings.

• Police cannot impound a car as pretext or an excuse to look inside for evidence of a crime. Woodard.
  Guide · ▶ Video

  The Fourth Amendment imposes “heightened requirements on police who seize vehicles from private property.” United States v. Sanders, 796 F.3d 1241,…

• Police can’t snoop around your front yard & peer into your windows for 15 minutes without a warrant.
  Guide · ▶ Video

  This Court addressed the second sort of problem in Florida v. Jardines, 569 U. S. 1 (2013) ( ). There, the Court recognized that a home’s “curtilage,”…

• Police enter a home without a warrant in “hot pursuit” of a misdemeanant! Lange v. California 2021
  Guide · ▶ Video

  This case arises from a police officer’s warrantless entry into petitioner Arthur Lange’s garage. Lange drove by a California highway patrol officer…

• Police enter home w/o reason, detain owner at gun point, take him outside, re-enter home, and search
  Guide · ▶ Video

  The panel vacated a conviction and sentence for possession with intent to distribute methamphetamine, and remanded with instructions to suppress…

• Police seize two handguns from a home without a warrant during a welfare check. Caniglia v. Strom
  Guide · ▶ Video

  During an argument with his wife, petitioner Edward Caniglia placed a handgun on the dining room table and asked his wife to “shoot [him] and get it…

• Reasonable suspicion to stop vehicle even if you’re NOT committing a crime? Civil Traffic Violation!
  Guide · ▶ Video

  Kimberly Meadows appeals the district court’s denial of her motion to suppress evidence obtained during a traffic stop, arguing that the officer’s stop…

• Revisiting the SCOPE of Terry v. Ohio frisk/search. 9th Circuit says illegal search!
  Guide · ▶ Video

  The panel reversed the district court’s denial of James Antonio Brown’s motion to suppress the fruits of a search of his pocket and his subsequent…

• Roller-coaster ride through many 4th Amendment issues: Plain View, Inventory, Caretaking, Impound…
  Guide · ▶ Video

  This is a really great case with many 4th and 5th Amendment issues. It would be a perfect question for any law school exam. And in real life, it meant…

• Three car occupants. Drugs in the car. Is there probable cause to arrest the driver or all three?
  Guide · ▶ Video

  In the early morning hours a passenger car occupied by three men was stopped for speeding by a police officer. The officer, upon searching the car,…

• Can police get your historical location information from your cell phone provider without a warrant?
  Guide · ▶ Video

  Was your phone searched in San Diego without a warrant? Learn how Carpenter v. United States protects your rights and how a defense lawyer

• Can police have their K9 sniff at your front door without a warrant? Florida v. Jardines.
  Guide · ▶ Video

  Learn how K9 police searches work in San Diego. Attorney Anton Vialtsin explains Florida v. Jardines and your Fourth Amendment rights.

• Can police monitor your movement on public street with a GPS device without a Warrant? | Jones 2012
  Guide · ▶ Video

  Learn how police GPS tracking impacts your Fourth Amendment rights. San Diego defense lawyer Anton Vialtsin explains Supreme Court’s GPS

• Can police search a rental car without a warrant or your consent? | Byrd v. United States
  Guide · ▶ Video

  Learn your rights in a rental car search. Byrd v. United States (2018) shows that even unlisted drivers may have privacy protections.

• 4th Amendment case by Hon. Amy Coney Barrett. Anonymous 911 call enough reasonable suspicion?
  Guide · ▶ Video

  Learn how San Diego Criminal Defense Attorney Anton Vialtsin analyzes the Fourth Amendment and anonymous tip issues in Watson.

• Searching bags or containers in your car without a warrant? Automobile Exception? CA v. Acevedo
  Guide · ▶ Video

  California police officers saw Charles Acevedo enter an apartment known to contain several packages of marijuana and leave ten minutes later carrying a…

• Valid arrest warrant. Person is arrested in his home. Can police still look around the house?
  Guide · ▶ Video

  On February 3, 1986, two men robbed a Godfather’s Pizza in Prince George’s County, Maryland. One of the men was wearing a red running suit. Later that…

• What does the police need to have before seizing or arresting someone? Dunaway v. New York
  Guide · ▶ Video

  A Rochester, N.Y. police detective questioned a jail inmate, the supposed source of a lead implicating petitioner in an attempted robbery and homicide,…

• Can police search your car WITHOUT a warrant just because it’s an automobile? Chambers v. Maroney
  Guide · ▶ Video

  Learn about car search laws in San Diego and warrantless searches. Explore key cases from San Diego criminal defense attorneys.

• Does a Motor Home fall under automobile exception or does police need to get a warrant to search?
  Guide · ▶ Video

  Police authority to search vehicles after arresting occupants. Explained by Attorney Anton Vialtsin, Esq. | LAWSTACHE™ LAW FIRM, San Diego.

• The word AUTOMOBILE is not a talisman in whose presence the 4th Amendment fades away and disappears!
  Guide · ▶ Video

  Police went to petitioner’s home on January 28, 1964, to question him about a murder. In the course of their inquiry, he showed them three guns, and he…

• Can police search YOUR home if they have an arrest warrant for someone else? Steagald v. US
  Guide · ▶ Video

  Learn how the Supreme Court’s case clarified that police cannot conduct a home search without a warrant, except in limited circumstances.

• Can police search YOUR home with ONLY an arrest warrant? | Search Incident to Arrest | Chimel v. CA
  Guide · ▶ Video

  Learn your rights when police have an arrest warrant for your home. And how a San Diego criminal defense attorney can help.

• Don’t keep all of your apples in one glove compartment! Search of Glove Box Incident to Arrest.
  Guide · ▶ Video

  Can police search your glove compartment without a warrant? Learn what the Fourth Amendment allows, key Supreme Court cases, and how to protect your rights.

• How to determine drug quantity and purity when drugs were never seized? US v. Houston
  Guide · ▶ Video

  Donald Lee Houston pleaded guilty to manufacturing, attempting to manufacture, and aiding and abetting the manufacture of five or more grams of actual…

• Knock and announce rule – an element of reasonableness inquiry under 4th Amendment? | Wilson v. AR
  Guide · ▶ Video

  The common-law knock and announce principle forms a part of the Fourth Amendment reasonableness inquiry. Although the common law generally protected a…

• Police feel up and squeeze passenger’s carry-on bag? Let’s get physical with Bond v. US (2000).
  Guide · ▶ Video

  While checking the immigration status of passengers on a bus in Texas, Border Patrol Agent squeezed the soft luggage which passengers had placed in the…

• Right of privacy against a right of search must be decided by a judicial officer, not by a policeman
  Guide · ▶ Video

  Where officers detected the odor of burning opium emanating from a hotel room, entered without a search warrant and without knowing who was there,…

• Can a cop tell you, “hold a sec” and really expect you to walk away? Seizure under 4th Amendment?
  Guide · ▶ Video

  Arrested after an illegal stop in San Diego? Learn how our criminal defense attorneys challenge unlawful police stops under the Fourth Amd.

• Can police get a list of numbers you called from your phone company w/o warrant? | Smith v. Maryland
  Guide · ▶ Video

  Learn about illegal searches in San Diego. Attorney Anton Vialtsin explains how Fourth Amendment protects you against illegal searches

• Can police listen to your conversation without a warrant? What’s a phone booth? | Katz v. USA
  Guide · ▶ Video

  Can police listen to your calls without a warrant? Learn your Fourth Amendment rights in San Diego from LAWSTACHE™ criminal defense attorney

• Growing a marijuana plant in your bedroom window during the 2020 quarantine? | Plain View Doctrine
  Guide · ▶ Video

  As Americans are staying at home during the 2020 quarantine, many are taking on gardening as a new hobby. Here is something to consider when growing…

• San Diego Federal Court closure | Coronavirus (Covid-19) | Update for clients and public 3/17/2020.
  March 17, 2020 · ▶ Video

  The District Court for the Southern District of California (Federal Court in San Diego and El Centro) issued a new order addressing concerns around the…

• Searching Cell Phones and Computers at Airports and Ports of Entry | USA v. Williams
  Guide · ▶ Video

  Should the Border Patrol and Customs agents have reasonable suspicion before searching electronic devices at the border? Maybe. Or Not. It remains a…

• How to prepare for the detention hearing in Federal Court. | Release, Detention, Bail Bond Hearings.
  Guide · ▶ Video

  In federal criminal proceedings, release and detention determinations are governed by the Bail Reform Act of 1984. 18 U.S.C. §§ 3141-3156 (1990). These…

• How long can police hold a person’s cell phone without searching it or giving back? US v. Pratt
  Guide · ▶ Video

  We reviewed a number of cases dealing with the length of time police can seize (hold) a person during a traffic stop. You can watch those videos here:…

• Can you get pulled over for flipping off a cop? | CRUISE-GULYAS v. MINARD
  March 20, 2019 · ▶ Video

  Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter…

• U.S. v. Knapp: Can Police Search a Handcuffed Suspect’s Purse?
  March 13, 2019 · ▶ Video

  In United States v. Knapp, officers searched the defendant’s purse despite the fact that she was handcuffed behind her back, her purse was closed and…

• Does a woman in a bathrobe have authority to consent to a search of a home? | US v. Terry
  February 22, 2019 · ▶ Video

  Two officers knocked on the door of defendant’s apartment, and a woman answered, wearing a bathrobe and looking sleepy. The agents identified…

• Reasonable Suspicion for Border Patrol to Stop a Vehicle on Interstate 8 | US v. Rodriguez
  February 16, 2019 · ▶ Video

  The fourth amendment’s prohibition of unreasonable searches and seizures extends to seizures of the person, including the brief investigatory stop of a…

• I hear you knocking, but you can’t come in. Exigent Circumstances | US v. Lundin
  January 15, 2019 · ▶ Video

  This case goes just like Dave Edmunds’ song. Link at the end. Facts: Around 4:00 a.m. on April 23, 2013, three northern California law enforcement…

• 4th Amendment Waiver does not permit cops to search you… | United States v. Job
  January 10, 2019 · ▶ Video

  Facts: Police, looking for someone else, approach Travis Job. They patted him down because he was nervous and had many things in his pockets. They…

• Being on probation does not mean all constitutional rights were waived. | Brennan v. Dawson.
  November 21, 2018 · ▶ Video

  Plaintiff-Appellant Joshua Brennan accuses Dawson of searching his curtilage without a warrant and arresting him for a probation violation without…

• A man’s house is his castle! The owner cannot be excluded from its sanctuary. | U.S. v. SHRUM
  November 20, 2018 · ▶ Video

  Did the initial securing of the Defendant’s home constitute an unreasonable seizure in violation of the Fourth Amendment? And if so, did such seizure…

• What can police search for during a protective sweep of the house? | United States v. Raymond Brown
  November 8, 2018 · ▶ Video

  In Maryland v. Buie, 494 U.S. 325 (1990), the Supreme Court of the United States held that the Fourth Amendment permits a properly limited protective…

• FBI running a child porn website? Internet privacy and TOR. | USA v. Henderson
  October 25, 2018 · ▶ Video

  I know that most of the people do not want to hear anything about child porn. But this case is important from the online privacy standpoint. This case…

• Can police come to your house, lift the motorcycle cover, and run the plates? | Collins v. Virginia
  October 19, 2018 · ▶ Video

  During the investigation of two traffic incidents involving an orange and black motorcycle with an extended frame, the officers learned that the…

• Can CHP seize a million-dollar car while the parties fight over it? | Lawrence v. Superior Court
  September 4, 2018 · ▶ Video

  Brandon Lawrence purchased a rare 1947 Cisitalia from a Japanese company (Ohtomi Kensetsu Kahushiki Kaisha). A Japanese citizen, Kiyoshi Takihana,…

• Can 20 seconds of questioning unlawfully extend a traffic stop? | United States v. Lujan
  August 23, 2018 · ▶ Video

  On October 25, 2017, a police officer was traveling in the left lane on Interstate 24 in Winchester, Tennessee. He noticed a large passenger van in the…

• Are K9 searches ever allowed during a traffic stop? | ILLINOIS v. CABALLES.
  August 21, 2018 · ▶ Video

  After an Illinois state trooper stopped respondent for speeding and radioed in, a second trooper, overhearing the transmission, drove to the scene with…

• How long can police hold you after issuing a ticket? | Prolonged Police Stop
  August 16, 2018 · ▶ Video

  In 2012, Dennys Rodriguez was stopped by a police officer on a highway near Waterloo, Nebraska, after the officer observed him swerve out of his lane…

• Trump’s border wall and the Fourth Amendment.
  Guide · ▶ Video

  On March 13, 2018 President Trump arrived to San Diego to tour border wall prototypes. This administration made it clear that the national security,…

• DUI dismissed after police officers move the DUI suspect.
  Guide

  The evidence of field sobriety tests was properly suppressed and DUI charges dropped as fruits of an illegal arrest. San Diego DUI attorneys 619-357-6677.

• Freedom to read books all day.
  February 17, 2016

  “I realize now that the one solace I took in prison was not the freedom to read books all day, but the lack of freedom to do anything BUT read books…

• Electronic Monitoring in Lieu of Bail. (PC 1203.018)
  Guide

  The most common way to be released from jail while the criminal charges are pending against you are by: 1. Bail or 2. Own Recognizance (OR). Most…

• Home Detention (PC 1203.016 and 1203.017)
  Guide

  This program is ran by the San Diego Sheriff. You may be sentenced to probation with a custodial sanction instead of jail term. The sheriff must deem…

• I missed the court date and now I have a warrant out for my arrest. What Should I Do?
  Guide

  Failed to Appear in Court? Call a criminal defense attorney as soon as possible. Your attorney will likely be able to recall a warrant without the need…

• What Should I Do If I Am Pulled Over For DUI?
  Guide

  As San Diego Criminal Defense DUI Attorneys, we are often asked what to do if you are being pulled over for a potential DUI in San Diego....

• Can a vehicle be searched by police officers if they smell marijuana outside of the vehicle?
  Guide

  Protect your rights with expert Marijuana Vehicle Search Defense in California. Learn when police can search your car under the 4th Amd

• Transporting Marijuana across International Border
  Guide

  San Diego Drug Crimes Lawyer defends drug charges such as trafficking, distribution, manufacturing, intent to sell, possession of marijuana, cocaine, meth..

• What to do if pulled over with marijuana in trunk of car working for marijuana dispensary?
  Guide

  San Diego Drug Crimes Lawyer defends drug charges such as trafficking, distribution, manufacturing, intent to sell, possession of marijuana, cocaine, meth..

• When can police stop and search my vehicle?
  Guide

  San Diego Police Illegal Searches. If your vehicle is searched illegally, the evidence found should be suppressed.