Best Anton Vialtsin Esq Podcasts (2025)

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Expunged But Not Forgotten: How the Feds Use ‘Dismissed’ Charges Against You. Is PC 1203.4 worth it? 10:49

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5d ago10:49

10:49

In this video, attorney Anton Vialtsin breaks down the Ninth Circuit’s 2025 ruling in United States v. Robert Louis Carver — a major case on how California expungements under Penal Code §1203.4 are treated in federal court. Spoiler: they still count! If you thought your old convictions were wiped clean, this case might change your mind. Learn what …

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Tom Homan claims ICE officers 'don't need probable cause' to 'briefly detain' people. Is that true? 12:41

12d ago12:41

12:41

🚨 USA v. Bejar-Guizar (2025) – Border Patrol Stop & 9th Circuit Immigration Ruling Explained 🚨 In this video, we break down the 9th Circuit Court of Appeals decision in United States v. Bejar-Guizar, a key 2025 immigration case involving a border patrol stop near San Diego, California. The court upheld the legality of the stop based on reasonable s…

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Firearm Ban After Domestic Violence? 9th Circuit Shakes Up Federal Firearm Law! #2ndamendment 8:30

20d ago8:30

8:30

Can a misdemeanor conviction really strip you of your Second Amendment rights? In this video, we break down the 9th Circuit Court of Appeals' major decision in United States v. Michael Blake DeFrance (No. 23-2409), where the court reversed a federal conviction under 18 U.S.C. § 922(g)(9) — the law that prohibits firearm possession after a domestic …

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Can You Refuse to Talk, Cooperate, Open the Door to Police or ICE While on Parole or Probation? 17:04

28d ago17:04

17:04

The Fifth Amendment’s privilege against selfincrimination generally applies only to those who “claim it.” Saechao, 418 F.3d at 1077 (quotation omitted). However, this general rule does not apply when an individual is “denied the free choice to admit, to deny, or to refuse to answer.” Id. This can occur when the government creates a situation where …

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ICE’s “Knock and Arrest” Tactics Deemed Unconstitutional - Do NOT Enter Curtilage Without a Warrant 12:43

1M ago12:43

12:43

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. Immigration and Customs Enforcement (“ICE”)—are not. Considering the policies and practices governing how ICE conducts its “knock and talks,” the more accurate title for certain law enforcement opera…

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Trunk Search Without a Warrant? Court Says That Went Too Far Even Under Automobile Exception. 13:05

2M ago13:05

13:05

“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 …

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Is there a JURY in Federal Supervised Release Revocation Hearings? Federal Probation Violation? 9:37

2M ago9:37

9:37

The panel affirmed the district court’s revocation of Jackson Daniel Bowers’ supervised release in a case in which Bowers argued that Article III, section 2 of the Constitution affords supervisees the right to a jury trial in revocation proceedings held under 18 U.S.C. § 3583(e). In Bowers’ view, Article III and the Sixth Amendment are independent …

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58% less FRAUD prosecutions. FBI's new focus on Trump's immigration crackdown. "Loss" in FRAUD cases 11:39

2M ago11:39

11:39

The latest government case-by-case records reveal that as of March 31, 2025, federal efforts to prosecute white-collar crimes have continued to decline – down more than 10 percent from FY 2024 in the last full year of the Biden administration. The FBI is the lead investigative agency in many of these investigations. Thus, this decline is likely to …

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Police Must UNDERSTAND LAWS, They Are Entrusted to Enforce and Obey. No Registration Sticker Needed 10:19

3M ago10:19

10:19

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 Baja California law. This cannot justify the stop under the Fourth Amendment. Nor is it possible to justify the stop objectively, as did the court in Sanders, with the facts available to Officer Hil…

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Police Officer Claims He Could Hear Marijuana Being Loaded into a Car. Marijuana has Sound? 12:42

3M ago12:42

12:42

The government argues that we should credit Jankowski's testimony because of his nineteen years of experience as a police officer and thousands of hours of "stash house" surveillance. But while courts analyze the facts leading to an investigatory stop in light of a trained officer's experience, these facts must be "more than the mere subjective imp…

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Can Police Stop a Car for Weaving WITHIN a Lane and Briefly Touching the Fog/Shoulder White Line? 11:27

3M ago11:27

11:27

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 on Interstate 15. Carmichael first observed the Honda from his patrol car, which was positioned 75 yards behind it. He observed the car drift onto the solid white fog line on the far side of the righ…

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Can Police Pull Over Hispanic Males Because They Drove Careful Like "Didn't Want to Get Pulled Over" 11:41

3M ago11:41

11:41

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 though the officer may be acting in complete good faith." ( In re Tony C. (1978) 21 Cal.3d 888, 893 [ 148 Cal.Rptr. 366, 582 P.2d 957].) The Fourth Amendment's protection against unreasonable searche…

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Immigration Pulled Over a Car Because the Occupants Were Hispanic and "Kind of Dirty Looking." 12:18

4M ago12:18

12:18

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 S.Ct. 2574, 45 L.Ed.2d 607 (1975). In that case, the Supreme Court held that the fourth amendment prohibits INS roving patrols from stopping vehicles in areas near but not at the Mexican border or its …

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Police Can't Enter a Home & Seize Firearms Without a Warrant Under "Community Caretaking Exception" 10:22

4M ago10:22

10:22

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 vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge n…

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Can US Customs and Border Protection search your tech, including a cellphone and laptop? 18:05

4M ago18:05

18:05

The panel reversed the district court’s order denying the defendant’s motion to suppress evidence obtained from warrantless searches of his cell phone by Customs and Border Protection officials, and vacated his conviction for importing cocaine. Applying United States v. Cotterman, 709 F.3d 952 (9thCir. 2013) (en banc), the panel held that manual ce…

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Immigration Detentions Up, Federal Prosecutions Down: What's Going On Under Trump's Second Term? 12:38

4M ago12:38

12:38

The latest available data from the Justice Department show that during January 2025 the government reported 3196 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 2.5 percent over the previous month. See the full reports here: https://tracrepo…

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Federal Court Can Give LOWER Sentence to Defendant Who DIDN'T Know the Purity of the Drugs Delivered 12:40

5M ago12:40

12:40

Jesus Munguia Mendoza appeals the sentence imposed following his plea of guilty to possession of methamphetamine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Mendoza contends that the district court erred in concluding that it lacked legal authority under the Sentencing Guidelines to depart downward on the ground that Mendoza ha…

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Police Detained Occupants in Handcuffs for 3 Hours in Garage & Questioned About Immigration Status. 9:10

5M ago9:10

9:10

Respondent Mena and others were detained in handcuffs during a search of the premises they occupied. Petitioners were lead members of a police detachment executing a search warrant of these premises for, inter alia, deadly weapons and evidence of gang membership. Mena sued the officers under 42 U. S. C. §1983, and the District Court found in her fa…

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Judge Gave a Verbal OK to Search a Home — But Does the 4th Amendment Require More? 7:05

5M ago7:05

7:05

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…

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Fire Scene Searches: Do Arson Investigators Need a Warrant? Does 4th Amendment Apply to Fire Dept.? 10:38

5M ago10:38

10:38

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 foun…

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Can Police Stop a Car If the Owner’s License Is Revoked — Without Confirming Who's Driving? 9:22

6M ago9:22

9:22

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 tra…

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Can Police Without a Warrant Enter Private Property to Search a Car Parked Near a House? Check VIN? 10:48

6M ago10:48

10:48

During the investigation of two traffic incidents involving an orange and black motorcycle with an extended frame, Officer David Rhodes learned that the motorcycle likely was stolen and in the possession of petitioner Ryan Collins. Officer Rhodes discovered photographs on Collins' Facebook profile of an orange and black motorcycle parked in the dri…

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Can Police Search a Car If The Arrested Person Was Already Outside the Vehicle When Police Arrived? 10:07

6M ago10:07

10:07

Before Officer Nichols could pull over petitioner, petitioner parked and got out of his car. Nichols then parked, accosted petitioner, and arrested him after finding drugs in his pocket. Incident to the arrest, Nichols searched petitioner’s car and found a handgun under the driver’s seat. Petitioner was charged with federal drug and firearms violat…

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How a Massive Government Negligence Got This Case Dismissed. 8 Years on the Run? 11:49

6M ago11:49

11:49

Doggett v. United States, 505 U.S. 647 (1992), is a Supreme Court case addressing the right to a speedy trial under the Sixth Amendment. Facts: Marc Doggett was indicted in 1980 for drug-related charges. Shortly after the indictment, he left the United States. While authorities knew he was in Colombia and later Panama, they failed to apprehend him …

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Police Peer Through a Gap in Closed Blinds — Do Social Guests Have 4th Amendment Protection? 11:23

7M ago11:23

11:23

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 bagging cocaine. After respondents were arrested, they moved to suppress, inter alia, cocaine and other evidence obtained from the apartment and their car, arguing that the officer's initial observati…

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Man who racked up a pile of parking tickets argued that there was NO NOTICE to tow his car! 14th Amd 11:54

7M ago11:54

11:54

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 action brought by Andrew Grimm alleging that the City’s procedures for notifying him that his car would be towed were deficient under the Fourteenth Amendment’s Due Process Clause. Grimm parked a ca…

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Top 3 of 2024: Police enter home without a warrant to arrest a felon, ruse checkpoint, & containers 12:53

7M ago12:53

12:53

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. A special thank you to everyone who purchased my Do Not Arrest This Person t-shirts—you’ve made this journey even more rewarding! ~ Anton V. aka LAWSTACHE 1. NOT a crime for citizen to refuse entry …

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Smoking marijuana two hours prior and bloodshot eyes alone aren't enough for a DUI arrest. 15:09

7M ago15:09

15:09

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 had bloodshot, watery eyes and/or droopy eyelids. These facts put this matter on all fours with Patzer, where the driver was observed only to have “bloodshot and glassy eyes” and admitted to smoking …

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Stopped for Broken Taillight, Restrained & Searched Because of High-Crime Area Late at Night. 8:24

7M ago8:24

8:24

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 solely on the basis that the stop occurs in a high crime area at night? Here we conclude that the Fourth Amendment does not permit such an intrusion and that any incriminating evidence flowing from the i…

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Can police search your HOME to seize your CELL PHONE anytime they suspect you of a crime? 19:06

8M ago19:06

19:06

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 to our friends, and the like. When a person is suspected of a crime, his phone thus can serve as a fruitful source of evidence, especially if he committed the offense in concert with others with who…

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Police prolong traffic stop by asking UBER driver why he took his PASSENGER near a high crime area. 16:17

8M ago16:17

16:17

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons . . . and effects against unreasonable searches and seizures.” U.S. Const. amend. IV. A traffic stop is a “seizure” of “persons” within the meaning of the Fourth Amendment. Brendlin v. California, 551 U.S. 249, 251 (2007) (holding that passengers as well as the…

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Police tried to manufacture some reason to prolong motorist’s detention. Asked a bunch of questions. 13:32

8M ago13:32

13:32

The Fourth Amendment guarantees “[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. When determining whether someone’s Fourth Amendment rights have been violated, “the ultimate touchstone . . . is ‘reasonableness.’ ” Brigham City, Utah v. Stuart, …

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Police prolonged a stop by waiting for a K-9 unit to arrive because driver had air freshers. 14:04

8M ago14:04

14:04

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. IV. A traffic stop constitutes a “seizure” under the Fourth Amendment. Whren v. United States, 517 U.S. 806, 809–10 (1996);Delaware v. Prouse, 440 U.S. 648, 653 (1979). The reasonableness of a traf…

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Police detained an innocent guy, who didn't match description and had no connection to the crime 9:58

9M ago9:58

9:58

Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the report. The officer ran a records search and learned that the bystander, Duvanh Anthony McWilliams, was on parole and subject to warrantless, suspicionless parole searches. The officer proceeded to search…

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Do you have to stop at the Agricultural Checkpoints? California Department of Food and Agriculture. 13:39

9M ago13:39

13:39

Following denial of his suppression motion, defendant pleaded guilty to possession of marijuana for sale. Defendant had approached the Needles, California plant quarantine inspection station in a vehicle bearing Michigan license plates. The quarantine officer, feeling that a more detailed inspection was necessary, identified himself and requested t…

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Police stop every motorist at checkpoint to ask about a hit-and-run accident. Unreasonable seizure? 10:15

9M ago10:15

10:15

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. Edmond (2000) holding that a check…

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Duped by the Facebook advertisement seeking persons to transport currency across the border. PSA 6:45

9M ago6:45

6:45

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 individuals who responded to th…

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After waiting just 20 seconds, police used a battering ram on the door to execute a search warrant. 12:59

9M ago12:59

12:59

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 finding probable cause. Illinoi…

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Do NOT use ChatGPT for your legal research! Police search a home after intercepting a mail package. 10:38

10M ago10:38

10:38

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 [containing cocaine]," (emphasis …

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Can police search your home if they found a small amount of drugs in your car during a traffic stop? 12:04

10M ago12:04

12:04

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 Cir.1987); United States v. An…

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Police persistently pounded on the front door and windows for 2.5 minutes at 9:00 at night. 14:40

10M ago14:40

14:40

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, to walk up the steps and kno…

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Police Demanded the Resident Open the Door for Visual Inspection, Followed by Forced Entry. 12:58

10M ago12:58

12:58

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 is unlawful unless exigent circumstances exist at the time of entry. See Payton v. New York, 445 U.S. 573, 589, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). The government bears the burden of demonstrating …

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Police pretend to inventory items in the car but really just conduct a criminal investigation. 13:50

11M ago13:50

13:50

The purpose behind the decision to impound is crucial because of the reason for condoning inventory searches of impounded cars. "In the interests of public safety and as part of what the Court has called `community caretaking functions,' [citation], automobiles are frequently taken into police custody." ( Opperman, supra, 428 U.S. at p. 368.) "When…

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Can police operate a drug checkpoint or does the roadblock violate the 4th Amendment? 12:34

11M ago12:34

12:34

Petitioner city operates vehicle checkpoints on its roads in an effort to interdict unlawful drugs. The District Court denied respondents a preliminary injunction, but the Seventh Circuit reversed, holding that the checkpoints contravened the Fourth Amendment. Held: Because the checkpoint program's primary purpose is indistinguishable from the gene…

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A Game of Russian Roulette Ended in a Shooting Death. Police Search Witness's Room Without a Warrant 12:57

11M ago12:57

12:57

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 first demonstrate that he personally had a "legitimate expectation of privacy" in the place searched or the thing seized. Rakas v. Illinois,439 U.S. 128, 143, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). If t…

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Police set up RUSE drug CHECKPOINTS on highway, motorists pulled over if take the next exit. 14:29

11M ago14:29

14:29

As a general matter, “police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supportedby articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” At the outset, we note that the Supreme Court has held “actual” roadside drug checkpoints are unconstit…

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Police Orchestrated a Stop as a Ruse to Rummage for Evidence. Inventory Search is NOT to Investigate 14:30

11M ago14:30

14:30

As an exception to the warrant requirement of the Fourth Amendment to the United States Constitution, "police may, without a warrant, impound and search a motor vehicle so long as they do so in conformance with the standardized procedures of the local police department and in furtherance of a community caretaking purpose, such as promoting public s…

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911 Call Traced to Motel Room 105, but Police Search Room 404 "to make sure everyone was all right." 10:19

12M ago10:19

10:19

This court recognized the emergency exception to the Fourth Amendment's warrant requirement in United States v. Cervantes,219 F.3d 882, 889 (9th Cir. 2000). In Cervantes, this court held that the emergency exception doctrine justified an officer's entry into an apartment to investigate a chemical smell associated with methamphetamine production. Id…

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Guns drawn and without a warrant, police scaled the backyard fence and kicked in a padlocked gate. 15:12

12M ago15:12

15:12

Around midday on December 7, 2004, three uniformed police officers entered the fenced-in backyard of a private home in a residential neighborhood of Portland. Guns drawn, but without a warrant, one scaled the fence and another kicked open a padlocked gate leading into the backyard. The only information the officers had at that time was (1) a call f…

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Police ignore "NO TRESPASSING" signs and walk on the property. How to keep them off your lawn? 14:36

12M ago14:36

14:36

https://youtu.be/dKtN0rEI-rs 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. “[H]ouses,” for Fourth Amendment purposes, include a home's curtilage, and a home's “front porch is the cla…