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

Suppress evidence in California

Unlawful Detention and Motion to Supress Evidence in California

    It is common, says Darren Chaker, who also publishes, www.DarrenChaker.us, that when a suspect is in custody if he is deprived of his freedom in any significant way or reasonably believes that he is not free to leave. This may create a 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

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

Voluntary Consent to Search – Darren Chaker

  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