If a minor answers a knock on the door, is that sufficient to allow an officer to enterthe home and search it?
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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 12 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.
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