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

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