Schwartz & Powell

Articles in "Civil Litigation"

A VENTURA LAWYER’S THOUGHTS ON INDEPENDENCE DAY

by Steven D. Powell Attorney at Law

On July 4, 1776, the Second Continental Congress issued its unanimous Declaration of the thirteen United States of America. This document is a revolutionary manifesto declaring the causes impelling the colonists—our forefathers and foremothers—to wage a bloody revolution against England on American soil.

This was the birth of American democracy.

Keep Your Eyes On The Road, Your Hands Upon The Wheel

by Steven D. Powell Attorney at Law

Jim Morrison of the Doors would be the last person in the world to teach Driver Safety Classes but for all his issues his lyric perfectly states what a driver’s duty is--pay attention.

Inattentive driving will have you talking to a Ventura County criminal defense lawyer faster than you can say “reckless driving …driving under the influence . .. vehicular manslaughter or murder.”

Fourth Amendment Stripped Naked

by Steven D. Powell Attorney at Law

The Fourth Amendment to the United States Constitution used to prohibit unreasonable search and seizures. The present United States Supreme Court seems not to understand this fundamental principle of constitutional and procedural criminal law.

Police Officer Immunity for Violating Fourth Amendment: Can't I Sue?

by Steven D. Powell Attorney at Law

On February 21, 2012, the United States Supreme Court in the case of Messerschmidt v. Millender granted civil lawsuit immunity to police officers executing an invalid search warrant.

Ventura White Collar Crime and Fraud: What Was I Thinking?

by Steven D. Powell Attorney at Law

Schwartz & Powell defends many Ventura fraud criminal cases because of our long and successful history as Ventura’s preeminent criminal defense lawyers. But we also represent defendants and plaintiffs in civil cases for money damages arising from allegations of fraud and sharp dealing.

Misdemeanor Vehicular Manslaughter: " Infracticide"

by Steven D. Powell Attorney at Law

Almost if not all licensed drivers in the State of California and Ventura have committed a variety of minor Vehicle Code infractions. These violations range from illegal lane changes, speeding a few miles over the speed limit, rolling through a stop sign in the fabled “California stop,” to violations such as failure to yield, passing unlawfully and a big fine violation of blocking an intersection while making a left hand turn. Ordinarily, if one is guilty of these offenses, one pays a fine and suffers a few points added to his or her license for DMV purposes. There is no probation, jail or criminal fine above that for the ticket itself. These offenses are infractions of interest to DMV, your insurer, your employer if you drive as part of your job.

U.S. Supreme Court : No GPS Tracking Without Warrant

by Steven D. Powell Attorney at Law

The United States Supreme Court recently said warrantless GPS tracking of a cocaine dealer is a violation of the Fourth Amendment’s prohibition against unreasonable search and seizure. They reversed his conviction because in this drug case the motion to suppress evidence properly should have been granted. The evidence was obtained through secretly tracking the dealer with a GPS device law enforcement planted under the dealer’s automobile. The court in U.S. v. Jones decided 9-0 that GPS tracking requires a warrant.