Car search by police, court cases..

Search Warrant Exceptions by Darren Chaker

Search Warrant Exceptions by Darren-Chaker There are several justifications for the search and/or seizure of evidence without the need for a search warrant, some of which include: Plain Sight Observations Plain Hearing Plain Smell Special Needs Searches Exigent Circumstances Closely Read more

Darren Chaker, computer search

Computer Search and Seizure

As http://darrenchaker.us/computer-search/ by Darren Chaker, points out, a warrant is typically required, unless consent is given. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, Read more

Plainview Exception

  Plainview exception as noted by Darren Chaker, http://darrenchaker.us/ In United States v. Garcia, 496 F;3d 495 (6th Cir. 2007), the Sixth Circuit held that a document does not fall within the “plain view” exception if the document must first be read in Read more

Exclude Prior Conviction in Florida

Darren Chaker writes that Florida allows to exclude a prior conviction in civil cases. For a conviction to be admissible under Fla.R.Evid §90.610(1)(a), the crime must not have been so remote in time as to have no appreciable bearing on the witness’ present credibility where Read more

Valid Consent to Search Computer

Additional research by Darren Chaker, http://darrenchaker.us ,shows another exception to the Fourth Amendment’s prohibition against warrantless searches and seizures is when an individual consents to the search of his property. “Consent operates as a waiver of Fourth Amendment rights if, by a preponderance of Read more

Police seize computer for forensics

Actual and Apparent Authority to Consent to Search

  Apparent and actual authority to search a computer to allow forensics, Darren Chaker reviews, are judged in the same scope as any other legal test. In general the Fourth Amendment prohibits a warrantless search of a person’s home or Read more

Cybercrime, Darren Chaker reviews cases..

Computer Search

Police use of computer forensics on computers is not new per Darren Chaker. Likewise, the use of counter forensics is not new. As a rule, however, it should be assumed that the general law on “containers” will be applicable, and Read more