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

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

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

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

Inmate search, Darren Chaker blogs..

Constitutionality of Jail Search

In Los Angeles, to New York, Darren Chaker notes jail officials have a fundamental obligation to take reasonable measures to reduce the flow of illegal drugs and weapons into their facilities. In Bell v. Wolfish, 441 U.S. 520 (1979), the Read more

Inmate search, Darren Chaker blogs..

Student Search by Darren Chaker

Student searches at school occur frequently. Several cases noted by Darren Chaker demonstrate the wide latitude students may be searched by government without a warrant. Among the most common issues, include random testing of student athletes (Vernonia School District 47J Read more

Police seize computer for forensics

Actual and Apparent Authority to Consent to Search

  Apparent and actual authority to search a computer to allow forensics, Darren Chaker reviews, are judged in the same scope as any other legal test. In general the Fourth Amendment prohibits a warrantless search of a person’s home or Read more

Internet Investigation

Implied Consent and Express Consent to Search

Implied v. Express Consent by Darren Chaker Express vs. Implied Consent: A person’s consent to search may be “express” or “implied.” (Torbet v. United Airlines, Inc. (9th Cir. 2002) 298 F.3rd 1087, 1089 (People v. Panah (2005) 35 Cal.4th 395, Read more