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

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

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

Inmate search, Darren Chaker blogs..

Constitutionality of Jail Search

In Los Angeles, to New York, Darren Chaker notes jail officials have a fundamental obligation to take reasonable measures to reduce the flow of illegal drugs and weapons into their facilities. In Bell v. Wolfish, 441 U.S. 520 (1979), the Read more

Inmate search, Darren Chaker blogs..

Student Search by Darren Chaker

Student searches at school occur frequently. Several cases noted by Darren Chaker demonstrate the wide latitude students may be searched by government without a warrant. Among the most common issues, include random testing of student athletes (Vernonia School District 47J Read more

Police tactics, confession, Darren Chaker

False Confessions

By Darren Chaker The test for voluntariness is whether considering the totality of the circumstances “the government obtained a statement by physical or psychological coercion or by an improper inducement so that the suspects will was overborne.” Derrick v. Peterson, Read more