San Jose Area Teen Arrested After Allegedly Assaulted Cop

Police used a Taser on a teen who they say had been smashing side mirrors on cars in a parking lot. They also say the San Jose area teen punched a cop after they tried to arrest him, leading to the use of the Taser. When teens are arrested for violent crimes, they sometimes don't understand their rights. Police will talk to them without a parent, guardian or attorney present, and if a teen says something to them, authorities may use it against the teen in court.

The teenager in this case is facing charges of felony vandalism, public drunkenness, battery on a police officer and resisting arrest. All of these charges can lead to significant consequences if the person is convicted. Many times when a teen is charged with a crime, they might find it hard to further their education and might even have difficulty finding a job.

Because of the potential consequences, it might be wise for a teen and their parents to speak with a criminal defense attorney. An attorney can help make sure their rights are preserved. If police said or did anything that might have violated the teen's rights during an arrest, it might lead to a wrongful conviction.

A rigorous criminal defense can help fight charges and might be able to reduce the impact criminal charges have on a teenager's future. Criminal charges could have an effect on a person's ability to get into college and further their education beyond high school. An alleged mistake as a teenager shouldn't mean a person's entire future goals become unattainable.

Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.

Ruling On GPS Tracking Upholds Rights Of Suspects

At any given time, countless numbers of California motorists are using GPS technology to get where they want to go. That same technology has also been used by police to track individuals without their knowledge. Back in November, this blog made note of the fact that the U.S. Supreme Court had taken up the constitutionality of such actions. And recently, the court concluded GPS tracking amounts to a "search" as outlined in the Fourth Amendment.

The criminal defense system functions both to pass judgment on those who have been convicted of committing a crime and to protect the rights of those who have been accused of breaking the law. By declaring that GPS tracking amounts to a Fourth Amendment search, the Supreme Court insists that law enforcement uphold certain protections that the Constitution affords those targeted by the criminal justice system.

However, legal experts are continuing to debate to what extent the Supreme Court's decision upholds the rights of suspects. Though GPS tracking is now explicitly considered a search, many question whether or not law enforcement must obtain a warrant before affixing a GPS device to a suspect's car without his or her knowledge.

On the one hand, law enforcement is required to obtain warrants before performing most Forth Amendment searches. Some experts argue that because the Court did not specify that GPS searches constitute an exception to this rule, warrants are required for this kind of tracking.

On the other hand, the Court did not indicate whether GPS searches are considered reasonable or unreasonable. If such a search were to be considered reasonable, law enforcement might not need a warrant.

It is unclear whether or not the Court's recent ruling upholds the rights of suspects to a greater or lesser degree. Nevertheless, by declaring that GPS tracking of suspects is indeed a Fourth Amendment search, the Court has advanced the constitutional rights of the accused to some extent.

Scholars observe that further clarification will come as the court decides other, similar cases in the future.

Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.