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Does a parent/legal guardian have the authority to consent to a search of their child's person by law enforcement? I know a parent can consent to property searches, such a their child's bedroom, etc. but I'm not sure about actually searching the child.

Any help or advice is appreciated. Thanks!
 
Posts: 3 | Registered: August 28, 2007Reply With QuoteReport This Post
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A parent has control over the food, medical care, housing, schooling, and many other aspects of a child. Consenting to a search of the child (something the parent could do himself) would surely be yet another aspect of parenthood.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I don't think so. If the "child" is old enough to voice his/her objections then the refusal will likely stand. why would the parent have more control over the child's person than say over the child's legal decisions with counsel. Maybe I am too accustomed to Galveston county rules but I just can't imagine that would stand against even the clumsiest motion to suppress.
 
Posts: 3 | Location: Galveston, Texas | Registered: July 21, 2008Reply With QuoteReport This Post
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Well, look at it this way: can a parent search their own child against that child's wishes? As a parent, I sure hope so.

It might be different once the child is charged and has counsel but not during the investigative stages of a case.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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