Consent to Search Appeal Standard

Consent to search, Darren Chaker, provides a court’s approval of consent searches “without the most careful scrutiny would sanction the possibility of official coercion ….” See Schneckloth v. Bustamonte, 412 U.S. 218, 229, 93 S.Ct. 2041 (1973). “[W]here the validity of a search Read more

Presentence Report & Sentencing

Computer crimes, bank robbery, or other federal offenses, Darren Chaker discusses presentence reports and how used in federal court. Courts cannot consider facts in the presentence report in determining whether a conviction is a crime of violence. E.g., United States v. Martinez-Vega, 471 F.3d Read more

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

Voluntary Consent to Search – Darren Chaker

  As, Darren Chaker blogs, a consent, to be lawful, must be “freely and voluntarily” given. (Bumper v. North Carolina (1969) 391 U.S. 543, 548 [20 L.Ed.2 797, 802].) California, Florida, and New York, as well as federal law, and Read more