Legal Question in Criminal Law in Virginia
Teen drivers, right to refuse consent to search?
My best friend says that if your a teen (under 18) driver in Virginia you can not refuse to consent to a search of your vehicle. She says police don't even have to ask if you are under 18 and if you do refuse the DMV will take away your license. Is this true?
1 Answer from Attorneys
Re: Teen drivers, right to refuse consent to search?
Why would not teenage drivers have the same protections afforded to all other adult drivers by the Fourth Amendment to the U.S. Constitution against unreasonable search and seizure (by law enforcement authorities)?
The answer. of course, is that they do(have the same protections), and, therefore, your friend must be wrong
in her particular assertion regarding teenage drivers and the supposed suppension of their Fourth Amendment rights under the U.S. Constitution merely because they're minors and reside in the Commonwealth of Virginia.
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