If a minor answers a knock on the door, is that sufficient to allow an officer to enterthe home and search it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a minor answers a knock on the door, is that sufficient to allow an officer to enterthe home and search it?

Asked on March 11, 2012 under Criminal Law, Michigan

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

The issue is whether or not the court considers the minor to of had sufficient mental capacity to "consent" to the search. A minor of 17yrs of age will have a better understanding of why the officer was at the home and what the officer intended to do versus a 6yr old who may have lacked any understanding of the officer's intentions. So a great deal depends on the age of the minor. If the court finds that the minor lacked capacity, then anything the officer seized may be excluded from evidence. Please contact me if you have further questions. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption