Minors Cannot Prevent Police From Searching Their Bedrooms If Parents Consent

A person normally has their highest expectation of privacy when it comes to their own bedroom, which is viewed as a place of solitude and security. However, it is becoming increasingly susceptible to police searches.

As a result of a recent decision handed down by the California Courts of Appeal, 1st District, police can legally search a minor’s room without their consent as long as the minor’s parents authorize the search.

In the facts before the appellate court, Oakland police officers arrived at the minor’s home suspecting that the minor’s brother may have been involved in a burglary. His mother consented to a search of the entire apartment, which included the minor’s bedroom. The minor objected to the search and blocked entry into his room. He relented, however, when his mother ordered him to "get out of the way." The officers found stolen property in his room and took him into custody on suspicion of receiving stolen property.

The court ruled that because he was a minor, his mother had the authority to consent to the search of his bedroom. The fact that he objected did not negate the propriety of the search.

Essentially, a child’s objection to a search does not override a parent’s simultaneous consent. Although the court acknowledged that police may not search the bedroom of an adult based on the consent of another adult cohabitant who shares the residence except the bedroom in question, the occupancy of a child who lives in his parents’ home is subservient to the control of his parents. This means that if you are a minor and your parents consent to the search, police may enter your room without a warrant to search for any incriminating evidence that may be used against you.

This is true even if you are an adult who maintains a room in your parents’ home. As long as you do not have "exclusive control over the bedroom," your parents can consent to a search over your objections.

Due to this recent court decision, it seems that even your own bedroom is not completely immune to police scrutiny. Police can legally introduce into trial any evidence (e.g., drugs, weapons, stolen property, etc.) that may have been obtained while searching your room. Please comment below and tell what you think.

To help you combat the charges against you stemming from a police search of your personal space, you need the legal assistance of an experienced criminal defense attorney. At Wallin & Klarich, our Orange County attorneys have been in practice for over 40 years and will put that experience to use in protecting your rights and raising the best possible defenses in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.