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Vito R. De La Cruz
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Vito De La Cruz’s Legal Cases

19 total


  • United States v. Washington, 387 F.3d 1060, 1070 (9th Cir. 2004)

    Practice Area:
    Constitutional
    Date:
    Jan 01, 2004
    Outcome:
    Won on appeal.
    Description:
    I was trial counsel. The case involved a search of a converted hotel room. The District Court denied the defendant’s motion to suppress. The Ninth Circuit reversed in a published opinion holding that “police officers may only gain visual access to a hotel room if (1) the room’s occupant voluntarily opens the hotel door in response to a request (not a threat or a command), (2) the officers have a warrant, or (3) the officers have probable cause and one of the exceptions to the warrant requirement exists.”
  • United States v. Davis, 332 F.3d 1163, 1167 (9th Cir. 2003)

    Practice Area:
    Constitutional
    Date:
    Jan 01, 2003
    Outcome:
    Won on appeal.
    Description:
    I was trial counsel. The case involved a complex Fourth and Fifth Amendment motion to suppress. The District Court denied the motion to suppress. The Ninth Circuit reversed in a published opinion holding that an overnight guest in an apartment has an expectation of privacy in belongings located therein.
  • United States v. McKee, Dist. Nevada

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 2011
    Outcome:
    Not guilty jury verdict.
    Description:
    I was trial Counsel. This was a jury trial where the client was accused of sexual assault. After a nine day trial, the jury returned a verdict of not guilty.
  • United States v. Scott, 450 F.3d 863 (9th Cir. 2006)

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 2006
    Outcome:
    Won at trial and won at the Ninth circuit Court of Appeals when government appealed.
    Description:
    I was trial counsel. As a matter of first impression, warrantless searches, including drug testing, imposed as a condition of pretrial release, required showing of probable cause, despite defendant's pre-release consent. Court granted motion to suppress.
  • United States v. Herrera-Castanola, CA No. 07-17334

    Practice Area:
    Constitutional
    Outcome:
    Won at trial; filed habeas corpus petition in immigration court.
    Description:
    I was trial, appellate and habeas counsel. The issues in this case were whether a finding of affirmative government misconduct estops the government from deporting the victim of the misconduct and what remedies are available to correct to make the victim whole. At trial, I won a motion to dismiss based upon affirmative government misconduct.
  • United States v. McCook, Dist. of Nevada

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 1992
    Outcome:
    Won.
    Description:
    I was trial counsel and successfully defended a young Native American woman on charges of second degree murder. I successfully used self-defense/battered woman syndrome as a defense.
  • M.P. v. Yakima Diocese

    Practice Area:
    Child Abuse
    Date:
    May 24, 2012
    Outcome:
    Settled for almost $500,000.
    Description:
    Adult woman sued the Yakima Diocese for sexual abuse she suffered as a child at the hands of a priest. With Tamaki Law lead, co-counsel Bryan Smith, successfully settled the woman's claims for close to $500,000.
  • United States v. TCID, Baker, et.al, Dist of Nevada

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 2010
    Outcome:
    Indictment dismissed against client.
    Description:
    I was trial counsel for one defendant in a multi-defendant, white collar, water district indictment filed in the Federal District Court for the District of Nevada. After extensive pretrial motions, the Government dismissed all charges against my client.
  • Powell v. Hill

    Practice Area:
    Personal Injury
    Date:
    Dec 13, 2011
    Outcome:
    Settled for $100,000.
    Description:
    Front end collision resulting in three herniated discs and soft tissue damage.
  • U.S. v. Davila, Federal District of Nevada

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 2004
    Outcome:
    Jury verdict in favor of my client.
    Description:
    In an almost unwinable case, a client charged with illegal reentry by a deported alien a jury returned a verdict of not guilty.