Legal Question in Criminal Law in Michigan
juvenile search
can a officer search a minor without a parent present
Asked on 5/20/09, 6:34 pm
1 Answer from Attorneys
Neil O'Brien
Eaton County Special Assistant Prosecuting Attorney
Re: juvenile search
Your questions is too general to answer.
A search of "what" --- the minor's person/pockets/clothing? A car? A bookbag? A body cavity? Etc.
What are the facts leading up to the 'search'? Where did this happen? What was the officer looking for? What was found? Etc.
The primary legal issues surround the minor's 4th amendment right against unreasonable searches/seizures ... which do not depend on the subject's age. However, if the only basis for the cop executing the search was "consent" granted by the minor, then the minor's age/maturity may be an issue.
Answered on 5/21/09, 9:45 am
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