Cele mai bune 9th Circuit podcast-uri (2024)

1
Do you have to stop at the Agricultural Checkpoints? California Department of Food and Agriculture. 13:39

6d 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…

1
Police stop every motorist at checkpoint to ask about a hit-and-run accident. Unreasonable seizure? 10:15

13d 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…

1
Duped by the Facebook advertisement seeking persons to transport currency across the border. PSA 6:45

17d 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…

1
After waiting just 20 seconds, police used a battering ram on the door to execute a search warrant. 12:59

20d 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…

1
Do NOT use ChatGPT for your legal research! Police search a home after intercepting a mail package. 10:38

27d 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 …

1
Can police search your home if they found a small amount of drugs in your car during a traffic stop? 12:04

1M 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…

1
Police persistently pounded on the front door and windows for 2.5 minutes at 9:00 at night. 14:40

1M 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…

1
Police Demanded the Resident Open the Door for Visual Inspection, Followed by Forced Entry. 12:58

2M 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 …

1
Police pretend to inventory items in the car but really just conduct a criminal investigation. 13:50

2M 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…

1
Can police operate a drug checkpoint or does the roadblock violate the 4th Amendment? 12:34

2M 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…

1
A Game of Russian Roulette Ended in a Shooting Death. Police Search Witness's Room Without a Warrant 12:57

2M 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…

1
Police set up RUSE drug CHECKPOINTS on highway, motorists pulled over if take the next exit. 14:29

2M 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…

1
Police Orchestrated a Stop as a Ruse to Rummage for Evidence. Inventory Search is NOT to Investigate 14:30

3M 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…

1
911 Call Traced to Motel Room 105, but Police Search Room 404 "to make sure everyone was all right." 10:19

3M 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…

1
Guns drawn and without a warrant, police scaled the backyard fence and kicked in a padlocked gate. 15:12

3M 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…

1
Police ignore "NO TRESPASSING" signs and walk on the property. How to keep them off your lawn? 14:36

3M 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…

1
6 Police Officers Point Guns at the Apartment Door and Window. Yell: "OPEN THE DOOR!" Knock & Talk? 11:59

4M ago11:59

11:59

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 States v. Lundin, 817 F.3d 1158,1158 (9th Cir. 2016) (cleaned up). The exception is based on the theory of implied consent: a resident's consent is implied from the custom of treating the “knocker on t…

1
Police come to suspect's home at 4 am without a warrant and with intent to arrest. Knock & Talk? 19:49

4M ago19:49

19:49

Around 4:00 a.m. on April 23, 2013, three northern California law enforcement officers approached Defendant Eric Lundin's home without either an arrest warrant or a search warrant. They came onto his front porch and knocked on his door *1155 with the intent of arresting him. From the front porch where they were standing, the officers heard crashing…

1
Police Enter Curtilage, Peek into Window, Point a Firearm at Homeowner to "Simply Interview" Him 17:42

4M ago17:42

17:42

On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with methamphetamine residue, and a metal pipe with marijuana residue. The officers believed the Nagant rifle was the same one that a third party had previous…

1
Former President Sentenced in Federal Court, ShotSpotter, Wikileaks, Mail Searches. 10:23

4M ago10:23

10:23

In New York, auditors discovered that the controversial gunshot-detection system ShotSpotter wasted officers’ time with false alerts, identifying gunshots correctly only 13% of the time. The city has spent more than $45 million on the technology, and must now decide whether to renew its contract. https://www.nytimes.com/2024/06/20/nyregion/nypd-sho…

1
Police Search Car Incident to Arrest for Driving on a Suspended License. Does SILA cover it? 13:10

5M ago13:10

13:10

Adrick Ruckes ("Ruckes") was convicted of being a felon in possession of a firearm and possessing cocaine base with the intent to distribute following a search of his automobile. He moved to suppress the evidence discovered during that search: a 9mm handgun and over six grams of crack cocaine. After an evidentiary hearing, Judge Franklin D. Burgess…

1
Police dig in the TRASH at 4 a.m. without a warrant. Trash bin - outside near apartment's CURTILAGE 12:43

5M ago12:43

12:43

The Fourth Amendment, of course, 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. The Supreme Court has recently emphasized that this text “establishes a simple baseline”—namely, “[w]hen the Government obtai…

1
Can police stop and frisk a person after receiving an ANONYMOUS tip that he is carrying a gun? 11:10

5M ago11:10

11:10

After an anonymous caller reported to the Miami-Dade Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun, officers went to the bus stop and saw three black males, one of whom, respondent J. L., was wearing a plaid shirt. Apart from the tip, the officers had no reason to suspect any of the th…

1
Police pulled over a vehicle because the neighbor said he played loud music earlier in the day. 14:39

5M ago14:39

14:39

Justin Wells Grigg appeals the district court's denial of his motion to suppress an unregistered automatic firearm that police officers discovered while conducting an investigative stop of Grigg pursuant to a citizen's complaint that Grigg had been playing his car stereo at an excessive volume earlier in the day. Most of the constitutional principl…

1
2024 Pride Kickoff Party / The Eagle - Wilton Manors, FL [LIVE SET] 2:00:00

5M ago2:00:00

2:00:00

I hope you enjoy the first two hours of my extended 6-hour live set from The Eagle in Wilton Manors, Florida this past weekend! I will be back at The Eagle on Friday, August 2nd -- so mark your calendars! 🙌🏻Listen & Follow on Apple Podcasts: https://apple.co/3yUptFeDe către DJ JOSHUA D

1
Police Keep the Family Out of Their Own HOME for 8 Hours Because Their Teenage Son Overdosed. 13:30

6M ago13:30

13:30

After Corban Elmore’s teenage son suffered a drug overdose at Elmore’s home, law-enforcement officers secured the scene and prohibited anyone from entering the house. The officers then continued to investigate and allowed almost eight hours to elapse before applying for a search warrant. Once they had a warrant in hand, the officers searched Elmore…

1
DOJ to reclassify cannabis to schedule III, drug priors trigger mandatory min., say sorry to a cop. 10:04

6M ago10:04

10:04

Justice Department Publishes Proposed Rule to Reclassify Cannabis, Begins Accepting Public Comments The Department of Justice (“DOJ”) proposes to transfer marijuana from schedule I of the Controlled Substances Act (“CSA”) to schedule III of the CSA. If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and posses…

1
Police enter a home WITHOUT consent for welfare check, find woman unharmed, ILLEGALLY search anyway. 11:25

6M ago11:25

11:25

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 and crying inside the residence. When the officers arrived, they entered the home without consent to check on the woman. They found her downstairs, extremely intoxicated but apparently unharmed. While …

1
May 13-17, 2024 Recap: Felon in Possession Unconstitutional, Right to Protest, and Cryptocurrency. 14:20

6M ago14:20

14:20

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 (9th Cir. May 9, 2024), a split panel of the United States Court of Appeals for the Ninth Circuit held that under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), § 922(g)(1) violate…

1
Why did police search the entire car, if I only let them look at my luggage? Limitations on consent! 10:32

6M ago10:32

10:32

The Fourth Amendment proscribes unreasonable searches and seizures, but it permits a warrantless search to which the suspect consents. “When conducting a warrantless search of a vehicle based on consent, officers have no more authority to search than it appears was given by the consent.” Thus, it is “important to take account of any express or impl…

1
Police took the man's phone and ANSWERED an incoming call IMPERSONATING the person being arrested. 12:12

6M ago12:12

12:12

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 ask him whether he would also consent to the agent's answering any incoming calls. Nonetheless, when one of the phones rang while the agent was conducting his search, he answered it, passing himself …

1
ATF Agents LIED to the resident that someone planted a bomb to gain CONSENT to search. 12:48

6M ago12:48

12:48

Agent Brenneman told Mr. Harrison they were there because, "our office received an anonymous phone call there were drugs and bombs at this apartment," and he asked if Mr. Harrison "would mind if we look around the apartment." Id. at 19. The government concedes the ATF had no reason to believe there were bombs in the apartment, but Agent Brenneman t…

1
When cops can't find house number 3171, they execute the warrant at 3170. Seems legit, right? 11:39

7M ago11:39

11:39

Officer Harold Cheirs and his partner, Officer Robinson, tried to serve an arrest warrant on Phyllis Brown at 3171 Hendricks Avenue in Memphis, Tennessee. When they got to Hendricks Avenue, they could not find a house with a 3171 address. They eventually found two houses on opposite sides of the street with a 3170 address, at which point, you might…

1
Police Helicopter Lit Up the Suspect's House Like a Christmas Tree. Forcing to exit = illegal arrest 15:20

7M ago15:20

15:20

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 S.Ct. 1371, 63 L.Ed.2d 639 (1980). The Court held in Payton that the Fourth Amendment forbids arresting a suspect inside his home unless the police first obtain an arrest warrant or an exception to …

1
Police aimed his gun at her nose, told her to freeze, and detained: ARREST and NOT a "Terry Stop." 13:46

7M ago13:46

13:46

Robertson: Robertson encounters a fundamental obstacle: standing. A defendant must show standing even if the government has not pressed the issue in the district court. United States v. Nadler,698 F.2d 995, 998 (9th Cir. 1983). Fourth Amendment rights are personal rights which may not be vicariously asserted. Rakas v. Illinois,439 U.S. 128, 133-34,…

1
NO PROBABLE CAUSE to ARREST, just being close to the wrong people at the wrong time. 10:49

7M ago10:49

10:49

The district court found inexplicable discrepancies between, on the one hand, the events as depicted in an audio recording and reports of agents nearly contemporaneous with the arrest and, on the other hand, later statements, reports and testimony of the agents. Accordingly, the district court discredited the later statements, reports and testimony…

1
Conclusory statements and general claims of expertise by police do not establish probable cause 18:21

8M ago18:21

18:21

Warrantless searches by law enforcement officers “are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.” Katz v. United States,389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Under the automobile exception to the Fourth Amendment's warrant requirement, “[t]he police…

1
NOT a crime for citizen to refuse entry to his home to police who do not have an appropriate warrant 14:17

8M ago14:17

14:17

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, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598; United States v. Santana, 1976, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300. In Coolidge the Court stated in dicta that "the notion that the warrantless entr…

1
I was just a passenger in the car with secret compartments filled with pounds of drugs. Am I Guilty? 16:12

8M ago16:12

16:12

This appeal stemmed from two individuals' cross-country car trip. Inside the car were secret compartments containing bundles of methamphetamine. But to the casual observer, the car looked like any other car. The driver apparently knew about the secret compartments of methamphetamine, but did the passenger? It's possible, but there was no evidence t…

1
Teenager detained by police was a de facto arrest! Without probable cause the arrest became illegal! 13:37

8M ago13:37

13:37

The Supreme Court itself has recognized that distinguishing a Terry investigative stop from a de facto arrest "may in some instances create difficult line-drawing problems." United States v. Sharpe,470 U.S. 675, 685, 105 S.Ct. 1568, 1575, 84 L.Ed.2d 605 (1985). As noted by the Court in the seminal case of Terry v. Ohio,392 U.S. 1, 30, 88 S.Ct. 1868…

1
No way of knowing that drugs found in a trash came from defendant's residence. Invalid Warrant. 14:07

9M ago14:07

14:07

The Constitution's Fourth Amendment provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. amend. IV. A "state search warrant being challenged in a federal court must be judged by federal constitutio…

1
Police had no reasonable suspicion to detain for 45 minutes on belief that power washer was stolen 15:40

9M ago15:40

15:40

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 1012, 1020 (9th Cir. 2009) (citing United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002)). Courts must determine, based on the totality of the circumstances, whether a po…

1
A seizure occurs when police prevents a person from leaving by keeping his driver's license 9:15

9M ago9:15

9:15

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 the police inquiries and go about his business; (2) the restraints imposed upon him result from the police conduct itself rather than the happenstance of where the encounter occurred; and (3) the pers…

1
Police block a person's car in a narrow parking lot. Was this a seizure under 4th Amendment? 13:56

10M ago13:56

13:56

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.’ " United States v. Brodie , 742 F.3d 1058, 1061 (D.C. Cir. 2014) (quoting California v. Hodari D. , 499 U.S. 621, 626, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991) ). A show of authority sufficient to constitut…

1
Police holding on to your driver's license can constitute an illegal seizure under the 4th Amendment 12:15

10M ago12:15

12:15

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 restrains the liberty of a citizen. Florida v. Bostick, 501 U.S. 429, 434 (1991). A police officer has restrained the liberty of the citizen if, "taking into account all of the circumstances surrounding…

1
Awakened at 3am, handcuffed, led shoeless and dressed only in his underwear to the police station. 11:03

10M ago11:03

11:03

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 of the Fourth and Fourteenth Amendments occurs when, "taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he…

1
Police block a one-lane driveway and not let the person leave the house. Illegal seizure of a person. 8:20

10M ago8:20

8:20

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 parked near a barn located on a residential property. The car's trunk was open, exposing cardboard boxes. Because he knew of several recent residential burglaries in the area, Deputy Hedrick made a U-…

1
Police "secured" the home & didn't let husband back inside after suspicious death of his wife 16:53

10M ago16:53

16:53

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 Kingman, Kansas "secured" the home, prohibiting Defendant access. Approximately three hours later and without access to his home, Defendant signed a consent to search form permitting an investigator fr…

1
Last Video and Top 5 cases of 2023! Happy New Year! Buy Do Not Arrest T-Shirt at LAWSTACHE.com/MERCH 13:08

11M ago13:08

13:08

1. Know Your Rights: Can Cops Inquire About Probation/Parole in Routine Traffic Stops? Driver Pat-Downs https://youtu.be/98LFwrhsMHE 2. Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker? We can conceive of no reason to distinguish a garage, where people spend time, work, and store their possessions, fr…

1
Did police illegally seize a luggage bag when they removed it from cargo area of the bus? 11:13

11M ago11:13

11:13

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 occurs when there is some meaningful interference with an individual's possessory interests in that property." Id. at 113, 104 S.Ct. 1652. In Va Lerie, this court, en banc, applied Jacobsen in the c…

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