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
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
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.
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
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
Police use of computer forensics on computers is not new per Darren Chaker. Likewise, the use of counter forensics is not new. As a rule, however, it should be assumed that the general law on “containers” will be applicable, and Read more