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

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

Car search by police, court cases..

Automobile Search

Police searching a car, Darren Chaker writes, during a traffic stop in California or Florida must be based on consent, probable cause or other exception to the Fourth Amendment. Vehicle Search Incident to Arrest: Any time a person is arrested 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

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