Does an 11 year old have the authority to give consent to a search?

Question

well here is the deal they came to this home because the child thought she saw something that looked like pot. they came in searched the home took the pot that was hidden in a crawl space in the back of a basement bedroom closet not plain sight. and then came back 6 hours later with a search warrent . If her consent was enought for the search why would they need a warrent?

nope not a pot smoker and no not mad try again

they found nothing with the search warrent what they found was taken out of the home by the officers before the warrent was issued. and that is what they are bacing the charges on my question is should they have taken the pot out of the house and then obtained a warrent? not weather or not it should have been there or if it were mine or not I know the answer to that.

Answer 1

There is case law that allows a minor to give consent to search. Consent to search a house is a tricky thing. Someone that doesn't even live in your house can grant consent (under the right circumstances).

It sounds to me like the minor found the pot and called the Police and the Police responded to check on the complaint. So far that sounds reasonable-it's their job after all. Once the Police arrived the minor was probably asked where the pot was located and either retrieved it or took the Police to where it was hidden. The minor found the marijuana prior to calling the Police and therefore was not acting as an agent of the Police. So the Police should be good there too. The Police probably then realized that more drugs and or paraphernalia may be in the house and located in areas not controlled by the minor. Because a minor can not grant consent to search their parent's room for example the Police prudently decided to apply for a search warrant. This is a very good idea on the part of the Police because the minor would not be able to grant consent for all of the house. The found marijuana supplied by the minor can be used as probable cause to get a search warrant for the rest of the house. So the Police are good there to.

It sounds to me like the Police did a good job handling the call. I was not there and there are a lot of ins and outs to Search and Seizure but it sounds like this will hold up in court. A judge will have to decide the merits of the case in court though. The court scrutinize the search of a home very carefully.

By the way, according to your question, the Police were called after the minor found the pot. The poster with the answer about the minor being interrogated is all wet. The minor was acting on their own way before the Police arrived.

The Police also had the right to "freeze" the house before the search warrant was obtained. That means they could prevent anyone from entering the house. This is done to prevent the distruction or removal of evidence.

Answer 2

By your own statement you related the police obtained a search warrant therefore "consent" is not an issue.

Your question sounds something to the effect of how a child made a complaint, police responded to the initial complaint and based upon their initial investigation were able to find sufficient probable cause to obtain the search warrant.

Sounds legit to me!

As for the comment about children being misdirected in an effort to waiver their rights during an interview...there are already laws against "coersion" and as such I think someone spent $20,000.00 for nothing!

Courts tend to watch juvenile rights extremely closely and it sounds to me like somebodies fighting a losing battle!

Answer 3

If the minor was home alone, that is probably sufficient cause to search on child endangerment issues without a warrant under exigent circumstances.

If this is your house, and you want to suppress the evidence, then you should be asking YOUR attorney about this, not us.

Answer 4

Yes, our legal system is unfair to children. A parent does not have to be present when a child is taken to headquarters for and during an interrogation. A child can give consent to give up their rights to an attorney, having a parent present and to search. This is done through trickery by the interrogator. No one can say this does not happen. If anyone writes on here that it does they are a lier or they are guessing. I see it every day and my family is trying to get legislation passed that protects children from this very thing. So far we have spent over $20,000 in attorney fees to get something on the books. One particular case we are working on is being manipulated in the court system as we speak.

KC V if you truly are in law enforcement for the past 30 years you would know. Children's rights are violated across this country. We have tape recorded evidence of coersion. Investigators telling kids to admit guilt just so they can go home after 4 hours of intense interrogation. You are discusting to say otherwise. We have judges who are in this battle with us. Law enforcement and prosecutors have already destroyed the lives of thousands of kids in this country who are innocent. How dare you say otherwise! $20,000 is a drop in the bucket compared the legal fees some parents are forced to pay to protect their innocent child. As a cop you fall into the catagory of "lier".

Answer 5

Search what? Herself? Yes.

If you're talking about the school lunch knife deal, it wasn't a search, it was seen at lunch.

By the way, schools can search any student and their belongings at any time if they feel there may be a threat to students. This is based on Supreme Court rulings

Answer 6

I don't think so, you need parents permission to legally give any consent if you are under 18. If it's the police and they have probable cause, consent is not required.

Answer 7

Let me guess. You are the mother, you smoke pot, and are mad because you are now facing charges for it. They didn't have to get your daughter's consent. Or yours. Your daughter did the right thing by reporting it, and now you got caught.

Answer 8

Search what?....if you mean a body pat down, when the police have reason to believ its required...they dont need consent.....if its a home...if the have reasonable cause to search they dont need consent

Answer 9

If you can't do the time don't do the crime.