Motion to Suppress on Appeal

Motions are brought on a routine basis in to kick out evidence, says Darren Chaker. California Court of Appeals deal with motion to suppress evidence on a regular basis. Often times the standard to determine to grant or deny the motion is Read more

Functional Equivalent Border Search

  Darren Chaker, http://darrenchaker.org,  finds the Ninth Circuit has established a standard for categorizing a stop as a “functional equivalent” border search. A comparison of absolute time and spatial differences alone is not enough to distinguish between a search at the border’s Read more

Inventory Search Constitutional

Inventory Search

  Police search for evidence is not limited to consent or a warrant. Darren Chaker discusses the often used inventory search. After a lawful, custodial arrest, an administrate inventory search may be conducted of defendant’s possessions pursuant to established administrative procedures. Florida v. Wells, Read more