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
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
See post by Darren Chaker about warrantless search of computer, http://darrenchaker.us/warrantless-search-computer/ © 2015 Darren Chaker. All Rights Reserved.
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
As, Darren Chaker blogs, a consent, to be lawful, must be “freely and voluntarily” given. (Bumper v. North Carolina (1969) 391 U.S. 543, 548 [20 L.Ed.2 797, 802].) California, Florida, and New York, as well as federal law, and Read more
Darren Chaker Valid Consent. A valid consent is a lawful substitute for both a search warrant and probable cause. (United States v. Matlock (1974) 415 U.S. 164, 165-166 [39 L.Ed.2nd 242, 246]; Vandenberg v. Superior Court (1970) 8 Cal.App.3 1048, Read more