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

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

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

Consent to search factors.

Factors to Determine Valid Consent

  As with most courts, Darren Chaker found the Ninth Circuit uses a test to determine if consent to search was valid at the time given. The Court uses a five-pronged test to determine whether a reasonable person would have felt “at liberty Read more

Confidential Informant Reliability

Darren Chaker finds that when a Confidential Informant (CI) is used in connection with a criminal investigation, the court will look at several indicia of reliability when determining probable cause to issue a search or arrest warrant. The most common Read more

Internet Investigation

Implied Consent and Express Consent to Search

Implied v. Express Consent by Darren Chaker Express vs. Implied Consent: A person’s consent to search may be “express” or “implied.” (Torbet v. United Airlines, Inc. (9th Cir. 2002) 298 F.3rd 1087, 1089 (People v. Panah (2005) 35 Cal.4th 395, Read more