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Fifth Amendment and Passwords

Posted by on Apr 15, 2018 in Darren-Chaker, fifth-amendment-password | 0 comments

Fifth Amendment and Passwords

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 private people use legitimately. With the evolution of technology, the availability to secure information with military grade encryption often...

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Border Search of Computer by Darren Chaker

Posted by on Apr 6, 2018 in Darren-Chaker, ScottMcMillanSanDiegoAttorney | 0 comments

Border Search of Computer by Darren Chaker

  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 search exception. This is because any search of digital data is a “highly intrusive” search that implicates the “dignity and privacy...

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California STEP Act

Posted by on Mar 9, 2018 in California STEP Act, Darren-Chaker | 0 comments

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 were committed by other gang members. Appellant was convicted of first degree murder, attempted premeditated murder, and active participation...

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California Consent Defense to Rape

Posted by on Mar 8, 2018 in Darren-Chaker, ScottMcMillanSanDiegoAttorney | 0 comments

California Consent Defense to Rape

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 the defense of consent as a defense to rape in California, Appellant and the victim met each other at a bar. The two struck up a...

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California Habeas Corpus Petition

Posted by on Mar 8, 2018 in Darren-Chaker, DarrenChaker, ScottMcMillanSanDiegoAttorney | 0 comments

California Habeas Corpus Petition

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, where he was arrested. Sacramento police traveled to Oklahoma City to interrogate him. Before receiving Miranda warnings, Sessoms asked whether...

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Electronic Discovery, by Darren Chaker

Posted by on Feb 4, 2018 in Darren-Chaker, Electronic Discovery, Featured, ScottMcMillanSanDiegoAttorney | 0 comments

Electronic Discovery, by Darren Chaker

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 its motion to compel production of the plaintiff’s Facebook password. The court upheld the decision of the magistrate judge, who had...

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Federal First Offender Act by Darren Chaker

Posted by on Oct 23, 2017 in Darren-Chaker, Federal First Offender Act - Darren Chaker | 0 comments

Federal First Offender Act by Darren Chaker

Immigration appeal, expungement, Federal First Offender Act, Darren Chaker review law on appeal.

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Nevada Impeachment Using Prior Conviction by Darren Chaker

Posted by on Oct 14, 2017 in Darren-Chaker, DarrenChaker, Nevada-Law | 0 comments

Nevada Impeachment Using Prior Conviction by Darren Chaker

Article by Darren Chaker, Nevada law, motion to exclude conviction, use of prior conviction for impeachment, Ninth Circuit, federal appeal

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Darren Chaker First Amendment Appeal

Posted by on Oct 14, 2017 in DarrenChaker, LeesaFazalLasVegas, Portfolio | 0 comments

Darren Chaker First Amendment Appeal

Viewpoint discrimination appeal, results in jailed blogger Darren Chaker being vindicated on First Amendment issues, where ACLU, Electronic Frontier Foundation (EFF), First Amendment Coalition

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Anonymous Speech by Darren Chaker

Posted by on Sep 15, 2010 in Darren-Chaker, Featured, First Amendment Blog, Portfolio, ScottMcMillanSanDiegoAttorney | 0 comments

Anonymous Speech by Darren Chaker

First Amendment blogging and Darren Chaker Beverly Hills, ACLU, EFF , appeals about viewpoint discrimination, blogger-rights, censorship, right to speech

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