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.

San Francisco Man Charged With Bike Thefts

A man is facing severe theft charges after allegedly receiving stolen property. The San Francisco man pleaded not guilty to theft charges after being accused of buying or receiving stolen bikes, which police say victims have identified. The man and his attorney say he would take the bikes and refurbish them from people he thought were giving him or selling him the bikes legally. Reports say that authorities aren't sure if the man stole the bikes.

Crimes such as theft can hurt a person's image, and their ability to conduct business. Because police aren't sure how the man obtained the bikes, they may not have proper evidence. Speaking with an attorney might be a wise decision for someone who is in a similar situation.

When a person is facing a crime, it is important that they understand their rights. In this case, the man may have not even known he was committing a crime. Police say the man in this case was selling the bikes online and at a flea market. The man in this case was trying to make a living refurbishing bikes, but instead is being charged with numerous theft related crimes. An attorney can help a person understand their rights and how the legal system works. They can also make sure that all the evidence in a case was gathered legally.

Any illegally obtained evidence could result in a wrongful conviction. This wrongful conviction could, in turn, lead to consequences related to a persons' career, including a person's inability to re-establish their business reputation.

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

Man Accused Of Sex Acts With San Jose Girl

Sometimes people are accused of crimes that could harm their careers. A psychotherapist has been accused of engaging in sex acts with a girl in San Jose and is now facing criminal sexual charges. The man has reportedly never had any disciplinary action within the context of his job, and has said the girl was not one of his patients. Even if the girl was not one of his patients, the charges against him could limit his ability to continue as a licensed psychotherapist in the future.

According to reports, the man met the girl in a social context and he said she lied about her age. Cases like this can greatly impact a person's career, regardless of their relationship to the other person. The man's reputation can be hurt just by having charges brought against him, which highlights the severity of the charges he faces.

If the man is convicted of the crime, he risks losing his license to practice in his profession as well as other consequences besides jail time. Many states require people convicted of sexual offenses to register as a sexual offender, and announce their presence to neighbors if the ever move. An experienced criminal defense attorney can help people understand the charges they face and how the criminal court proceedings work.

Sometimes police and investigators present evidence that might have been illegally obtained. An attorney can help protect the accused person's rights and make sure that no improper evidence is presented in court. Any such evidence could result in a wrongful conviction.

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

In California, Leaving The Scene Of The Accident Is A Serious Criminal Offense

You're in an accident. Scared and confused, you take off. In California, leaving the scene of the accident is a serious criminal offense that can potentially come with harsh penalties. Once involved in an accident, all drivers involved are required to stop and exchange license and insurance information, regardless of fault. Not doing so could result in a misdemeanor or felony hit-and-run charge.

Hit-and-runs can also occur in single car accidents when a driver leaves the scene after destroying property, such as a telephone pole or parked car.

Make no mistake that a hit-and-run charge is a very serious matter. The state of California will prosecute to the fullest extent, however having competent litigation on your side can result in having charges dismissed or reduced.

If you or someone you know left the scene of an accident without exchanging license and insurance information contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

The Controversy Over California's Prison Overcrowding

California's prison overcrowding problem has led Governor Jerry Brown to apply sweeping measures to sentencing reform. Due to overcrowding in the state's prison population, drastic measures have been taken to alleviate the problem. Many critics say it is only a temporary fix to a long going problem. California is doing things differently than the rest of the nation.

Nationally, the debate is becoming less a debate and more an understanding from both sides of the aisle that the status quo is not working. The change that needs to be implemented is not in prison reform, rather in sentencing reform.

Attorney General Eric Holder acknowledged that the forty year war on drugs is what has led to the overpopulation to begin with. A huge admission for someone who holds a national office under the President of the United States. He believes that prison should be reserved for violent drug offenders, dealers, and traffickers.

In California, where nearly 10 percent of state prisoners are nonviolent drug offenders, advocates hope to see the state adopt a similar stance. It is said that Governor Brown and the state's Democratic lawmakers have shied away from embracing any policy that would give opponents an opportunity to portray California as soft on crime. While people play political games and jockey for reelection, families are being destroyed over a failed policy that has proven to do more harm than good.

If you have been charged with a crime, Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

The Early Release Of California's Prison Population

This past Friday, the U.S. Supreme Court denied the state's request to stop the early release of nearly 9,600 inmates by the end of 2013. California has been ordered to reduce its prison population as a result of "dangerous and unacceptable conditions" in 30 of the state's correctional facilities.

In 2011, a federal court panel instructed the state to reduce its prison population after lawsuits deemed overcrowding as the key element in harmful and hazardous conditions. During that time, Justice Anthony Kennedy stated that "needless suffering and death have been the well-documented result. Over the whole course of years during which this litigation has been pending, no other remedies have been found sufficient."

The federal panel found that the medical and mental health care that was provided to California inmates was below a constitutional level, and the singular way to remedy the issue was to reduce overcrowding.

Starting in 2009, the California prison system was ordered to decrease its inmate population from 202% over capacity to a maximum of 137.5%, within two years. To prevent state officials from dragging their feet any further, this past May federal judges threatened to cite the state with contempt if it did not comply with release orders.

The state of California cites public safety as their reason for resisting the release, for fear inmates will commit additional crimes once they are release.

If you have been charged with a crime, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

Should I Take The Field Sobriety Test?

When an officer stops a motorist suspected of driving under the influence, the officer will typically ask the motorist to engage in one or more field sobriety tests. These are a dozen or more physical tests that supposedly determine whether the taker is inebriated by measuring coordination, balance, eye movement and/or language/memory skills. The officer who stops a motorist for suspected DUI will often ask the motorist to take several of these tests alongside the road. With any stop by a police officer, you must step out of your car if told to do so. What the officer will not reveal is that, unless under 21, the motorist is free to refuse the field sobriety tests.

Should an adult driver refuse the field sobriety tests at the scene? Yes.

First, most of the tests are of little value in determining sobriety. Studies commissioned by the National Highway Traffic Safety Administration have shown, of the many tests used, only three-the one-leg-stand, nystagmus (eye tracking), and walk-and-turn are effective in determining sobriety. Yet, California law enforcement officers often continue to use other tests, now known to be of little use.

Second, even a sober person can have trouble "passing" field sobriety tests. This is particularly the case when the person is nervous or suffers from physical problems or disabilities.

Third, the tests are administered roadside under less than controlled conditions by a police officer whose subjective opinion alone determines whether the motorist has "passed" or "failed."

Refusing the sobriety tests offered at the scene is to be distinguished from refusing to take a chemical test at the station, if the officer decides (after you refuse the FST's) he wants to take you down to the station to get a sample. If subsequently convicted of driving under the influence, after refusing a chemical test at the station (blood, breath, or urine), the court will consider additional jail time and your license will be suspended for one additional year. It is know as the "implied consent" law. If you are licensed to drive in California, you are duty-bound and impliedly consent to a chemical test to determine if you are under the influence.

If you are arrested on suspicion of DUI and are over 21 you should politely and courteously refuse to take the roadside sobriety tests then contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.