Fifth Amendment and Passwo...

Fifth-Amendment-Password As a privacy advocate, Darren Chaker found forcing to disclose a password to bypass encryption often violates the Fifth Amendment, since compelling the Defendant to furnish his password would be testimonial, and thus would violate his rights against self-incrimination. There are several counter-forensic methods to protecting information, which the government, corporations, and...

Border Search of Computer ...

  Darren Chaker looks at the Fourth Amendment’s border search exception, permitting warrantless and suspicionless “routine” searches of belongings and persons at the U.S. border, should not apply to digital devices like Ms. Molina-Isidoro’s cell phone. All border searches of the data stored or accessible on digital devices—whether “manual” or “forensic”—are “non-routine” and thus fall outside the border...

California STEP Act

A recent case Darren Chaker explains that in the context of Penal Code section 186.22, subd. (a), the predicate offense required to show a pattern of criminal gang activity can be established by evidence of an offense that defendant committed on a separate occasion and the prosecution is not required to exclude such evidence even when it can otherwise be established that the requisite predicate offenses...

California Consent Defense...

By Darren Chaker – In a California rape trial, where defense of consent is made, Darren Chaker goes over the court ruling. In a jury trial for attempted rape, when there is substantial evidence of victim’s equivocal conduct that would have led defendant to reasonably and in good faith to believe consent existed when it did not, it is error not to instruct on mistake belief of consent.   Where...

California Habeas Corpus P...

California habeas corpus petition was filed, Darren Chaker blogs about where the Ninth Circuit decided a Defendant is not entitled to federal habeas relief where state court finding that he did not unequivocally invoke his right to an attorney, was not an unreasonable application of federal law. In 1999 Sessoms and two others committed a homicide during a Sacramento robbery. He fled to Oklahoma City,...

Electronic Discovery, by D...

Darren Chaker has been very successful in advising high net worth clients how to protect assets, especially when it comes within the realm of intellectual property. Federal law protects login information. In Chauvin v. State Farm Mutual Automobile Insurance Company, No. 10-11735, 2011 U.S. Dist. LEXIS 121600 (S.D. Mich. Oct. 20, 2011), the court affirmed an award of sanctions against the defendant due to...
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