Schwartz & Powell

Articles in "criminal law"

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.

Ventura DUI Defense Lawyers Face Special Prosecution Team

by Steven D. Powell Attorney at Law

Ventura DUI defense lawyers at Schwartz & Powell and throughout the county now face a new special prosecution unit within the DA’s Office. The State of California recently approved a special DUI grant to the DA’s office of slightly under $400,000.00 to fund two drunk driving prosecutors, support staff and ancillary costs, such as training and other support.

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.

“I Don’t Want to Talk”: Police Interrogation

by Steven D. Powell Attorney at Law

Most people believe their rights under the Fifth Amendment to remain silent and not allow police interrogation must be respected by law enforcement. After all, the Fifth Amendment is the law so why would law enforcement try to break the law by violating Miranda? That doesn’t make good common sense. Don’t we want to ensure the police don’t browbeat citizens suspected of criminal conduct? Don’t the police want to obey the law in conducting their business?