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slblelb · Jul 27, 2007, 08:27 PM

Can an officer of the law request entry into my home to search for a suspected stolen item by a nine year old without a warrant, with permission given by a child and no adults present?

excon · Jul 27, 2007, 08:52 PM

Hello s:

I wouldn't think a child can give permission to search. Did they find evidence? Are they charging anyone? If they do, the evidence should be suppressed. However, without a lawyer, you won't know how to do that.

excon

slblelb · Jul 27, 2007, 09:33 PM

Originally Posted by excon

Hello s:

I wouldn't think a child can give permission to search. Did they find evidence? Are they charging anyone? If they do, the evidence should be supressed. However, without a lawyer, you won't know how to do that.

excon

You're the excon didn't you read up on the law whilst you were in the joint! Give the question a lawful answer. I thought these were the experts! The question is not whether the kid stole the item, The question is whether the citizens rights were violated and do they have a lawsuit because their 4th amendment rights were violated due to a backwards country Sheriff used poor judgement!:)

excon · Jul 27, 2007, 11:45 PM

Originally Posted by slblelb

You're the excon didn't you read up on the law whilst you were in the joint! Give the question a lawful answer. I thought these were the experts! The question is not whether the kid stole the item, The question is whether the citizens rights were violated and do they have a lawsuit because their 4th amendment rights were violated due to a backwards country Sheriff used poor judgement!:)

Hello again,

My answer WAS lawful and expert. It was your question that was lacking.

Like is said, evidence seized in an unlawful search cannot be used, but being searched illegally isn't grounds for a lawsuit. Had you asked that question, that would have been the answer. And, it still is.

excon