Car search by police, court cases..

Search Warrant Exceptions by Darren Chaker

Search Warrant Exceptions by Darren-Chaker There are several justifications for the search and/or seizure of evidence without the need for a search warrant, some of which include: Plain Sight Observations Plain Hearing Plain Smell Special Needs Searches Exigent Circumstances Closely Read more

California invasion of privacy

Darren Chaker Rule 34

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

Darren Chaker counter forensics

Darren Chaker, Computer Privacy Basics

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

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

Functional Equivalent Border Search

  Darren Chaker, http://darrenchaker.org,  finds the Ninth Circuit has established a standard for categorizing a stop as a “functional equivalent” border search. A comparison of absolute time and spatial differences alone is not enough to distinguish between a search at the border’s Read more

Inventory Search Constitutional

Inventory Search

  Police search for evidence is not limited to consent or a warrant. Darren Chaker discusses the often used inventory search. After a lawful, custodial arrest, an administrate inventory search may be conducted of defendant’s possessions pursuant to established administrative procedures. Florida v. Wells, 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

Cybercrime, Darren Chaker reviews cases..

Computer Search

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

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