Skip to main content
Vito R. De La Cruz
Avvo
Pro

Vito De La Cruz’s Legal Cases

25 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.

Disclaimer

No case is representative of any other case and results in each individual case is dependent on all of the circumstances. Past case results are no indication of future outcomes.