January 21, 2009, 16:50
shannonthird party consent searches
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!
January 21, 2009, 17:29
JBA 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.
February 12, 2009, 17:02
Veronique Cantrell-AvloesI 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.
February 17, 2009, 13:10
JBWell, 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.