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Cal.1: A juvenile lacks Randolph veto power

By John Wesley Hall, Jr.

A juvenile has no Randolph veto power—his mother could consent despite his objection to the search. In re D.C., 2010 Cal. App. LEXIS 1666 (1st Dist. September 24, 2010): Appellant contends evidence of the stolen goods should have been suppressed because (1) his mother did not have the authority to consent to a search of his bedroom and (2) his objection to the officers’ entry to the apartment precluded a consensual search under Georgia v. Randolph (2006) 547 U.S. 103 (Randolph). While the arguments appellant raises might have prevailed were he an adult, we conclude his mother, as the parent of a minor child, had the authority to consent to a search of his bedroom and to override any objection he raised to the search of her apartment...continue to full post

Full post as published by Fourth Amendment on September 28, 2010 (boomark / email).