Legal Question in Criminal Law in Missouri

Can police search a house if adult is not present?

Police entered a house without a search warrant. The only person there was a 14yr old child. They searched the house and found evidence linking someone to a burglary. My question is was it legal and is evidence submissible?

It's not clear yet but child says officers threatened to lock him up if they couldn't come in to look for accused person.


Asked on 8/27/03, 7:16 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Can police search a house if adult is not present?

From the very limited facts included in your post it appears that there may very well have been an illegal search (and seizure). A fourteen year old can not give legal consent to a search. If the police did not have a warrant and did not have probable cause to believe criminal activity was taking place, then a Motion to Suppress whatever items were seized may be granted in the defense of any charges that are brought as a result thereof. If this is indeed a pending case and is located in the Eastern part of the State, you may call me for a free telphone consultation at 314-727-2822.

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Answered on 8/27/03, 11:54 pm


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