Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize how little I knew about children’s authority to consent to searches more generally. So I cracked some law books, and wrote this post as a primer for anyone who may be as uninformed as I was. Children aren’t the same as adults. Most readers of this blog know that adults can waive their Fourth Amendment rights by voluntarily consenting to a search of their property. But the rules for children could be different. The law often treats minors differently than adults. For example, most contracts entered into by children are voidable. See, e.g., Creech ex rel. Creech v. Melnik, 147 N.C. App. 471 (2001). Most offenses committed by minors are treated as juvenile offenses rather than crimes. And minors suspected of criminal or delinquent behavior are entitled to enhanced procedural protections, such as the additional Miranda-type rights set forth in G.S. 7B-2101. Minors may consent to searches. In light of the above, perhaps one could argue that minors should not be able to consent to searches at all. But that is not the law in North Carolina. In State v. Fincher, 309 N.C. 1 (1983), the Supreme Court of North Carolina ruled that a 17-year-old’s consent to the search of his room was valid. Nor have other jurisdictions prohibited consent searches of minors’ property. See generally Megan Annitto, Consent Searches of [...]
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