Years ago I lived in an apartment complex. Two detectives knocked on my door looking for someone that had been committing crimes in the area. They wanted to check my apartment looking for him. I told them "Unless you have a warrant I do not consent to that. Besides I allow no criminal activity here. I am a legal gun owner and if he was here you would pick him up in a body bag." They left.
I had a welfare check (I was swatted by the ex) called on me and I told them through a closed and locked door that I was not the owner and therefore did not have permission to open the door. They had to leave because I never identified myself. No warrant no entrance.
I have been pepper sprayed in my enclosed property by Leo's responding to loud music (felony i guess) call. Hoping my fence creates a welcome from my two pit bull dogs. Welcome to Kern County...
Actually, anyone legally present on the property can let the cops in. That was a dangerous thing to say, as you might have given them grounds to arrest _you_ for trespassing (you're saying you don't have the authority to let them in, implying you're not legally authorized to be there yourself)
have a 10 foot privacy fence like I do. not even the mailman has access to my home without jumping the fence. mailbox is outside the fence and the police cannot access my home without me opening the gate on the fence, or they jump the fence.
Or... you can have lax rural building codes and a contractor brother who can help you design and build a fortress like mine. Brick over rebarred concrete plus braced industrial doors, locks and window sills. If an APC with a battering ram isn't brought along at 4am you'll wait until I've eaten breakfast and showered. Several years ago a friend of mine was victim to wrong address no-knock warrant with near zero accountability or recompense. He received a broken orbital bone, multiple contusions and a consolation prize to cover about 1/3 the cost of damages to his home. Exigent circumstances and qualified immunity were among the excuses cited right before he received the metaphorical middle finger. Not going to happen to me.
You better have video surveillance everywhere. I have an eight foot tall privacy, and they have jumped it with no warrant 4 times. No video means you'll still never win
Can't live like it's 1950 with a picket fence and the cop is your neighbor anymore. You have to create privacy for yourself or government agents will eventually attempt to screw you over.
My son was removed by cps on 11 29 18 and theyre "search warrant" was dated 11 22 17. Tuen when i questioned the cps manager about it she said she didnt need a warrant. Tbere was no exigent circumstances because they had never seen my son before..can you help me sue clark county cps for a 4th amendment violation?
Thank you for your support! Please subscribe! Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law lawstache.com AntonVialtsin@gmail.com 185 West F Street Suite 100-D San Diego, CA 92101 (619) 357-6677
Post signs on your property that you do not want or welcome any individuals who have not been previously invited to be there ON THIS OCCASION. Any violation of this you considered trespassing and you will press charges.
How about this police in america have gotten so accustomed to doing what ever they want whenever they want to and that make me sick, it’s wrong on so many levels to want to trick someone yet they do it as part of their job. To me that is a direct ticket to hell after life. Humanism has lost so much importance now a days.
I'd welcome your opinion regarding a case brought against me a very long time ago. The issue is what I believe was a violation of my 4th Amendments rights. I'll attempt to lay out the facts as briefly as I can. The issue is deputies from the local county sheriff department entered onto my property, went into my enclosed garden for the purpose of conducting surveillance of the house located next door. A complaint had been received from the occupant stating persons occupying the house next to hers, on the side opposite of the side my home sat on, had threatened to burglarize her home. (All three houses were in a row. Let's call mine house 1, the complainant's home house 2, and the remaining house 3. Some time late at night deputies entered my property without my permission, took up positions in my garden, and while conducting surveillance discovered marijuana plants within my garden. Later they returned with a search warrant, found plants, and I was arrested. The charge was cultivation of a controlled substance. The lawyer I retained disagreed with my arguments of my rights having been violated. He was of the opinion the 'plain view' doctrine would apply. I must add my property was abutted to the rear by a very large open field, there were only a total of five houses along the street, all lined up on the same side of the street, and there was several hundred feet between each home. Additionally, the plants were close to the ground and planted among plants that appear quite similar to marijuana. So much so the deputies, when they conducted the actual search, walked past more plants than they found. I had intentionally surrounded the garden with fencing, had planted numerous legal plants around the perimeter to obstruct/restrict/reduce the likelihood of the illegal plants from being noticed, and had even disguised the illegal plants. I have never accepted 'plain view' should have had any bearing given the circumstances. Additionally, I had a grow operation going on inside a secured shed on the property. At the rear of the shed were 2 dryer vents. When the grow lights were on once a certain temperature was reached hot air was forced out using these vents. I know, but cannot prove, the deputies looked through these vents and directly into the shed. I know this because of statements they made immediately after placing me under arrest, then going directly to the shed, forcing their way inside, only to find nothing but the grow lights. That very day, only hours before their arrival, I had harvested and removed the product from the property. The deputies questioned me, repeatedly. They asked specifically about what they had seen inside the shed prior to gaining and executing the warrant. So, was I right or was the attorney? Outcome of the case? Plead guilty to a reduced charge of possession. This came about when I challenged the amount the deputies claimed they had recovered. They had claimed 17.5 lbs. I told the judge that was grossly exaggerated. When I explained the size of the plants confiscated he looked at me, turned to the prosecutor and asked if what I was saying was accurate. The prosecutor hem-hawed for a while, and the judge finally demanded evidence of what had been seized. The difference was such that the judge ordered the prosecutor meet with my attorney to see if, as he put it, 'things could be worked out'. In the end I was offered the deal. As the judge was preparing to accept my plea he noted I was still a bit hesitant. He then asked, 'Is it possible the amount you had was greater than 40 grams?' I told him, 'Yeah, if stems, roots, etc. were included I'm sure there was more than 40 grams." He then accepted my plea to Class B felony possession, fined me $500, imposed 1 year of unsupervised probation, and told me I was free to leave the state at any time. He also included that if I had no other felonies in the next 5 years this would be expunged from my record. I paid my fine that day, told my attorney he was useless, and left the state the following day.
Take a look at my most recent video: ruclips.net/video/29cJqhsFQpc/видео.html The first limitation -- plain view alone is never enough to justify a warrantless seizure. Coolidge, 403 U. S. 468. In order for a warrantless seizure of an object in plain view to be valid, the essential predicate must be satisfied, which is that the officers did not violate the Fourth Amendment in arriving at the place from which the object could be plainly viewed. Officer needed to have a warrant or some exception to the warrant requirement to enter your premises in the first place. I do not understand what exception to the warrant requirement the officers relied on when they trespassed on your yard. Thank you for a great question! Anton Vialtsin, Esq., E.I. 185 West F Street, Suite 100-D San Diego, CA 92101 LAWSTACHE.com 619-357-6677
Thank you for your comment and support! Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law lawstache.com AntonVialtsin@gmail.com 185 West F Street Suite 100-D San Diego, CA 92101 (619) 357-6677
The people have spoken! And I delivered. All of my newer videos do not have any background music. Thank you for your feedback and subscription! Thank you! Anton Vialtsin, Esq., E.I. 185 West F Street, Suite 100-D San Diego, CA 92101 LAWSTACHE.com 619-357-6677
Thank you for your comment! Subscribe to our channel. Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law lawstache.com AntonVialtsin@gmail.com 185 West F Street Suite 100-D San Diego, CA 92101 (619) 357-6677
Agreed. It is impossible to have a clear understanding of the law from one video (one case). Law is never black and white, but a fluid concept. There are many reasons why the law is open to multiple interpretations. It could be that the legislature (and later the court interpreting the law) purposely left some questions unanswered. Many times, it is because we rely on language to deliver the message. Language, by its nature, is vague. It takes time to find comfort in knowing that one case won't answer all of your questions. Lawyers spend years honing their skill of reading cases, interpreting the law, and convincing judges that their interpretation is the correct one. People think that a good attorney "knows" the law. But a better lawyer is one that can research the subject and convince a judge or jury that the law is on his side. I hope you spend the time to watch some of my other videos! Or you can always research the subject yourself, which is even better. Anton Vialtsin, Esq., E.I. 185 West F Street, Suite 100-D San Diego, CA 92101 LAWSTACHE.com 619-357-6677
Wonder what would happen if a toddler was playing on a home phone and dialed 911 by accident, then the parents unknowing that this had happened left the house with the toddler to go to the park to play. 911 dispatched police to the house, and the pet German Shepherd meets them at closed door to the house. What do the police officers do ? Do they enter per exigent circumstances based on the 911 call? If so what do they do about the guard dog? Please tell me they don’t shoot the dog, as I’ve heard has happened when officers are pursuing a subject through someone’s backyard that happens to own a guard dog. This is just hypothetical, but has a lot of moving parts an officer may be confronted with.
There aren’t any exigent circumstances in this situation. I’m not exactly sure what you’re getting at. In this situation you have a 911 call with no information except that someone dialed 911 and hung up. The most police can do (and what they’ll do every time) is knock on the door and see if anyone answers. Now if the toddler said to a 911 operator my dad is beating my mom to death now that would be considered exigent and give police a reason to enter without a warrant.
how bout no one at my house called our local 911 being a new property here w/ 1 of our family members mother also living here but next door in a separate home as well as ours I am in all on this same newly developed property of ours here .So heard a knock first here but on the front door so I in the bedroom locked my bedroom door NEXT there IS a Knock on the bedroom door SO I SLIDE MY DRESSER IN FRONT OF MY BEDROOM DOOR L i L B i T Scared as to whom it could possibly be NEXT I hear another knock INSIDE THIS HOUSE on one of my bedroom doors w/ someone on the other side stating DID SOMEONE CALL 911 ? We Got a 911 Call from Someone Here at This Location & We Are Here Responding To This Call Here Now IS EVERYTHING ALRIGHT ? . . . Well everything’s fine did you check next door maybe it was my mom she lives next door we take care of her but we didn’t call that I am aware of did u check to see if maybe it was her possibly ? No but we will go there next sorry to bother you glad everything’s alright here then have a good day ... mom doesn’t know anything about it .
Years ago I lived in an apartment complex. Two detectives knocked on my door looking for someone that had been committing crimes in the area. They wanted to check my apartment looking for him. I told them "Unless you have a warrant I do not consent to that. Besides I allow no criminal activity here. I am a legal gun owner and if he was here you would pick him up in a body bag." They left.
I had a welfare check (I was swatted by the ex) called on me and I told them through a closed and locked door that I was not the owner and therefore did not have permission to open the door. They had to leave because I never identified myself. No warrant no entrance.
I have been pepper sprayed in my enclosed property by Leo's responding to loud music (felony i guess) call. Hoping my fence creates a welcome from my two pit bull dogs. Welcome to Kern County...
Actually, anyone legally present on the property can let the cops in. That was a dangerous thing to say, as you might have given them grounds to arrest _you_ for trespassing (you're saying you don't have the authority to let them in, implying you're not legally authorized to be there yourself)
@@keithstewart7514 are you serious Keith?
Yikes😑😑😑
@@codegeek98 classic example of how the police can bend the law any ole' way they feel
have a 10 foot privacy fence like I do. not even the mailman has access to my home without jumping the fence. mailbox is outside the fence and the police cannot access my home without me opening the gate on the fence, or they jump the fence.
Or... you can have lax rural building codes and a contractor brother who can help you design and build a fortress like mine. Brick over rebarred concrete plus braced industrial doors, locks and window sills. If an APC with a battering ram isn't brought along at 4am you'll wait until I've eaten breakfast and showered. Several years ago a friend of mine was victim to wrong address no-knock warrant with near zero accountability or recompense. He received a broken orbital bone, multiple contusions and a consolation prize to cover about 1/3 the cost of damages to his home. Exigent circumstances and qualified immunity were among the excuses cited right before he received the metaphorical middle finger. Not going to happen to me.
You better have video surveillance everywhere. I have an eight foot tall privacy, and they have jumped it with no warrant 4 times. No video means you'll still never win
Can't live like it's 1950 with a picket fence and the cop is your neighbor anymore. You have to create privacy for yourself or government agents will eventually attempt to screw you over.
And they break many oaths to get revenue from you.
I completely agree
First video ive seen of this lawyer. I like him, thanks for the explanation!
My son was removed by cps on 11 29 18 and theyre "search warrant" was dated 11 22 17. Tuen when i questioned the cps manager about it she said she didnt need a warrant. Tbere was no exigent circumstances because they had never seen my son before..can you help me sue clark county cps for a 4th amendment violation?
My dad use to wear his mustache like yours.
Your dad is a badass!
Anton Vialtsin, Esq., E.I.
185 West F Street, Suite 100-D
San Diego, CA 92101
LAWSTACHE.com
619-357-6677
put a small 'no trespass' sign on the front of your house
Thank you for your support! Please subscribe!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
How about "Trespassers will be shot! No questions asked!"
Post signs on your property that you do not want or welcome any individuals who have not been previously invited to be there ON THIS OCCASION. Any violation of this you considered trespassing and you will press charges.
How about this police in america have gotten so accustomed to doing what ever they want whenever they want to and that make me sick, it’s wrong on so many levels to want to trick someone yet they do it as part of their job. To me that is a direct ticket to hell after life. Humanism has lost so much importance now a days.
I'd welcome your opinion regarding a case brought against me a very long time ago. The issue is what I believe was a violation of my 4th Amendments rights. I'll attempt to lay out the facts as briefly as I can.
The issue is deputies from the local county sheriff department entered onto my property, went into my enclosed garden for the purpose of conducting surveillance of the house located next door. A complaint had been received from the occupant stating persons occupying the house next to hers, on the side opposite of the side my home sat on, had threatened to burglarize her home. (All three houses were in a row. Let's call mine house 1, the complainant's home house 2, and the remaining house 3. Some time late at night deputies entered my property without my permission, took up positions in my garden, and while conducting surveillance discovered marijuana plants within my garden. Later they returned with a search warrant, found plants, and I was arrested. The charge was cultivation of a controlled substance.
The lawyer I retained disagreed with my arguments of my rights having been violated. He was of the opinion the 'plain view' doctrine would apply. I must add my property was abutted to the rear by a very large open field, there were only a total of five houses along the street, all lined up on the same side of the street, and there was several hundred feet between each home. Additionally, the plants were close to the ground and planted among plants that appear quite similar to marijuana. So much so the deputies, when they conducted the actual search, walked past more plants than they found. I had intentionally surrounded the garden with fencing, had planted numerous legal plants around the perimeter to obstruct/restrict/reduce the likelihood of the illegal plants from being noticed, and had even disguised the illegal plants. I have never accepted 'plain view' should have had any bearing given the circumstances. Additionally, I had a grow operation going on inside a secured shed on the property. At the rear of the shed were 2 dryer vents. When the grow lights were on once a certain temperature was reached hot air was forced out using these vents. I know, but cannot prove, the deputies looked through these vents and directly into the shed. I know this because of statements they made immediately after placing me under arrest, then going directly to the shed, forcing their way inside, only to find nothing but the grow lights. That very day, only hours before their arrival, I had harvested and removed the product from the property. The deputies questioned me, repeatedly. They asked specifically about what they had seen inside the shed prior to gaining and executing the warrant.
So, was I right or was the attorney?
Outcome of the case? Plead guilty to a reduced charge of possession. This came about when I challenged the amount the deputies claimed they had recovered. They had claimed 17.5 lbs. I told the judge that was grossly exaggerated. When I explained the size of the plants confiscated he looked at me, turned to the prosecutor and asked if what I was saying was accurate. The prosecutor hem-hawed for a while, and the judge finally demanded evidence of what had been seized. The difference was such that the judge ordered the prosecutor meet with my attorney to see if, as he put it, 'things could be worked out'. In the end I was offered the deal. As the judge was preparing to accept my plea he noted I was still a bit hesitant. He then asked, 'Is it possible the amount you had was greater than 40 grams?' I told him, 'Yeah, if stems, roots, etc. were included I'm sure there was more than 40 grams." He then accepted my plea to Class B felony possession, fined me $500, imposed 1 year of unsupervised probation, and told me I was free to leave the state at any time. He also included that if I had no other felonies in the next 5 years this would be expunged from my record. I paid my fine that day, told my attorney he was useless, and left the state the following day.
Take a look at my most recent video: ruclips.net/video/29cJqhsFQpc/видео.html
The first limitation -- plain view alone is never enough to justify a warrantless seizure. Coolidge, 403 U. S. 468. In order for a warrantless seizure of an object in plain view to be valid, the essential predicate must be satisfied, which is that the officers did not violate the Fourth Amendment in arriving at the place from which the object could be plainly viewed. Officer needed to have a warrant or some exception to the warrant requirement to enter your premises in the first place. I do not understand what exception to the warrant requirement the officers relied on when they trespassed on your yard.
Thank you for a great question!
Anton Vialtsin, Esq., E.I.
185 West F Street, Suite 100-D
San Diego, CA 92101
LAWSTACHE.com
619-357-6677
I want to know in my house police came in my house with out warrants
I dont care no cops in my house!!
You, good sirs, have a fantastic old time, bare knuckle pugilist mustache of doom.
Interesting video.
This is good information, but
I think the final decision will be left up to the jury.
So the exception won't be apply if there was a "no trespassing sign", then Knock and talk would be illegal.
yooo your mustache is so cool ive never seen one like that before in reallife only red dead redemption your hot shit buddy
Thank you for your comment and support!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Hey kill the background music. You don't need it after the intro. Otherwise great content.
The people have spoken! And I delivered. All of my newer videos do not have any background music. Thank you for your feedback and subscription! Thank you!
Anton Vialtsin, Esq., E.I.
185 West F Street, Suite 100-D
San Diego, CA 92101
LAWSTACHE.com
619-357-6677
That's why you need a private fiance all the way around your home.amd all gates with locks on them at all times.
Thank you for your comment! Subscribe to our channel.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Sorry, but your video left me with too many important questions, making me feel lessened by watching it.
Agreed. It is impossible to have a clear understanding of the law from one video (one case). Law is never black and white, but a fluid concept. There are many reasons why the law is open to multiple interpretations. It could be that the legislature (and later the court interpreting the law) purposely left some questions unanswered. Many times, it is because we rely on language to deliver the message. Language, by its nature, is vague. It takes time to find comfort in knowing that one case won't answer all of your questions. Lawyers spend years honing their skill of reading cases, interpreting the law, and convincing judges that their interpretation is the correct one. People think that a good attorney "knows" the law. But a better lawyer is one that can research the subject and convince a judge or jury that the law is on his side.
I hope you spend the time to watch some of my other videos! Or you can always research the subject yourself, which is even better.
Anton Vialtsin, Esq., E.I.
185 West F Street, Suite 100-D
San Diego, CA 92101
LAWSTACHE.com
619-357-6677
Wonder what would happen if a toddler was playing on a home phone and dialed 911 by accident, then the parents unknowing that this had happened left the house with the toddler to go to the park to play. 911 dispatched police to the house, and the pet German Shepherd meets them at closed door to the house. What do the police officers do ? Do they enter per exigent circumstances based on the 911 call? If so what do they do about the guard dog? Please tell me they don’t shoot the dog, as I’ve heard has happened when officers are pursuing a subject through someone’s backyard that happens to own a guard dog. This is just hypothetical, but has a lot of moving parts an officer may be confronted with.
There aren’t any exigent circumstances in this situation. I’m not exactly sure what you’re getting at. In this situation you have a 911 call with no information except that someone dialed 911 and hung up. The most police can do (and what they’ll do every time) is knock on the door and see if anyone answers. Now if the toddler said to a 911 operator my dad is beating my mom to death now that would be considered exigent and give police a reason to enter without a warrant.
You should wear PURPLE suits...because you look just like the Joker from the Arkham tv show.
how bout no one at my house called our local 911 being a new property here w/ 1 of our family members mother also living here but next door in a separate home as well as ours I am in all on this same newly developed property of ours here .So heard a knock first here but on the front door so I in the bedroom locked my bedroom door NEXT there IS a Knock on the bedroom door SO I SLIDE MY DRESSER IN FRONT OF MY BEDROOM DOOR L i L B i T
Scared as to whom it could possibly be NEXT I hear another knock INSIDE THIS HOUSE on one of my bedroom doors w/ someone on the other side stating DID SOMEONE CALL 911 ? We Got a 911 Call from Someone Here at This Location & We Are Here Responding To This Call Here Now IS EVERYTHING ALRIGHT ? . . . Well
everything’s fine did you check next door maybe it was my mom she lives next door we take care of her but we didn’t call that I am aware of did u check to see if maybe it was her possibly ? No but we will go there next sorry to bother you glad everything’s alright here then have a good day ... mom doesn’t know anything about it .
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