Legal Question in Criminal Law in Oklahoma

search warrants

a minor child in our house led police into the house & showed them where i kept my marijuana. The police were in our house before a search warrant was executed. we never saw a search warrant until we bonded out of jail. husband was told they were going to get one but never saw it until after the fact. can a minor child allow police into house?


Asked on 4/02/04, 1:09 pm

1 Answer from Attorneys
Chad Moody

Re: search warrants

Interesting issue. I know of no case law on point, but inverting the logic of other cases where the courts use language stating that anyone with authority of the premises can consent to search would obviously suggest that the minor's consent would be invalid. This is police state crap straight out of the old soviet handbook, i.e., using children to spy on parents. Whatever you do, do not talk to police. They may be preparing a charge of CDS in the presence of a minor child. It is much more serious than mere possession. Stay mum, get an attorney. Good luck.

Chad Moody

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Answered on 4/04/04, 3:19 pm


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