Legal Question in Criminal Law in California

Generally, minor children do not have coequal dominion over a family home and do not have actual authority to permit adult strangers to enter and search the home. Normally, therefore, a mnor child cannot waive his parents' privacy rights and consent to entry of the home. (People v. Jacobs (1987) 43 Cal.3d 472, 481-482.)

This is not a bright line rule, however, and are factually dependent on the circumstances. One court has held that a search was valid when a 12 year old lived and worked in the residence, and was left in charge for 40 hours a week, and the child is the victim.