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Can a minor authorize a home search?

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kathy059

Junior Member
What is the name of your state? Texas

A police officer came to my house today while I was at work and my 14 yr old daughter was home by herself. Before she could get to the door after the knock, the officer was already opening the front door.

My older daughter has a warrant for a traffic ticket. When my 14 yr old told the officer that the person he was looking for has never lived here and has lived in Louisiana for two years, the officer asked if he could search the house. My 14 yr old, not knowing what to do, told him he could. He had already asked her where I was and she told him I was either at work or on my way home.

The officer proceeded to search my entire house, bedrooms, closets, the garage and even under the mattress on my bed.

When he didn't find anyone, he began harrassing my daughter by asking her for ID. She's 14 years old for God's sake. When she couldn't produce ID, he then told her he could take her in, have her fingerprinted and wait until I came in to prove she was not my other daughter with the warrant (who happens to be 23 yrs old).

He left and of course I was livid by the time I got home. I immediately called the number on the card he left and asked if that was normal to search a home where the person they're looking for has never lived, not waiting 15 min. for an adult to show up, harrassing a 14yr old who's at home alone and searching my home without my permission. I was told they were well within their rights.

Is this TRUE??
 


LawGirl10

Member
In certain circumstances, yes, but it will depend on the specific case law of your state. No evidence was obtained against you so it is not a question of excluding evidence, but case law on excluding evidence when a search was consented to by a minor basically says that the court will look to if the consent was in fact voluntary. Just because the person who consented was a teenager does not mean it would be invalid. The court would look to the age of the person and the scope of the search. But, because this is not a criminal case, it is more of a supervisory issue between you and the head of the department.
 

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