Legal Question in Criminal Law in New Jersey

Consent to search. Minor

Hello I was involved with a situation recently where an officer came to my home and interviewed my 12 yr old step daughter and pretty much cross examined her while she was alone about an incident not involving her. What she told them conflicted with what I had told them on an earlier date and it led them to get real harsh and threatening to the point where my girlfriend gave them consent to search our property. Id like to know if what the police did is in violation of our rights. Thankyou


Asked on 5/28/09, 7:48 am

2 Answers from Attorneys
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Consent to search. Minor

Children under the age of 14 years have been the subject of a NJ Supreme Court ruling that requires parents or counsel to be present. In addition, for a consent search to be good in NJ, the officer must advise of your right to refuse and you could insist the police get a warrant if they have probable cause to have one issue from a judge.

I suppose since presumably no incriminating evidence was discovered there is solely a technical violation of your rights. If you expect further exploration by the police then you should consult with counsel to avoid any real and more tangible violation of your constitutionally protected rights against unlawful search and seizure, Fifth Amendment right against self-incrimination and the accompanying right to counsel.

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Answered on 5/28/09, 11:26 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Consent to search. Minor

Without seeing all of the evidence, I can't give you a good answer. Regardless, it sounds like you should have an attorney today. Call me at 732/247/3340 to discuss.

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Answered on 5/28/09, 11:40 am


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