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

California invasion of privacy

Darren Chaker Rule 34

Darren Chaker reviewed a post which concerned Truesdell v. Thomas No. 5:13-cv-552-Oc-10PRL, 2015 WL 2022991 (M.D. Fla. Apr. 30, 2015). In that case, the Court denied Motion to Compel Production of Electronically Stored Data where plaintiff said that 1500 printed Read more

Darren Chaker counter forensics

Darren Chaker, Computer Privacy Basics

By Darren Chaker, http://darrenchaker.us, I typically post on TOR and give talks about cyber security, but could not resist to comment : Here’s the plan folks: when USA manufactured encryption is weakened, simply buy Russian, or any of the “546 encryption products from Read more

Inmate search, Darren Chaker blogs..

Search at Sporting Events – Darren Chaker

When Darren Chaker reviews the Fourth Amendment at sporting events, which allows any search conducted pursuant to valid consent. See, e.g., Florida v. Jimeno, 500 U.S. 248, 250-51 (1991); Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973). Implied consent occurs Read more

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

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

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

Suppress evidence in California

Unlawful Detention and Motion to Supress Evidence in California

    It is common, says Darren Chaker, who also publishes, www.DarrenChaker.us, that when a suspect is in custody if he is deprived of his freedom in any significant way or reasonably believes that he is not free to leave. This may create a 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