CHILDREN AND THE LAW
...Delinquency Matters
......Juvenile Search and Seizure
.........Home Search Issues
6 Cards On This Topic:

Parental consent to search personal property of minor may not be implied from parent’s proprietary interest in premises.

Mother, as M's parent, had authority to consent to a search of his bedroom and to override any objection M raised to the search of her apartment.

Counsel not ineffective for not moving to suppress evidence found after police knock-and-announce violation where USSC held such violation does not justify application of exclusionary rule.

Because M was never taken into custody under W&IC 5150, and the assessment or evaluation of him was never performed, trial court erred in ordering his seized firearms be forfeited.

As a resident of the family dwelling, minor had a legitimate expectation of privacy in the residence and standing to contest search of his sister's bedroom.

Juvenile ct. erred by suppressing weapons evidence following home search where officer reasonably relied on M’s statement he was "searchable" for weapons.