QUESTION
If the accused is 18 years old, can we ask the mother for defense?
Asked on Nov 12th, 2012 on Criminal Law - California
More details to this question:
Police officers are searching for a phone believed to be hiding in an 18 year old's car. They ask the mother to search and the mother says yes.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can ask, but if he or she is 18 she can say no.
Answered on Nov 14th, 2012 at 3:13 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It depends on who owns the car. If the car is registered to the mother, then she has to right to allow the police to search the car. If the car is owned and registered to the 18 year old, then the mother cannot give permission to search the vehicle, only the owner can, unless there are extenuating circumstances which from your email does not appear to exist. If permission is not granted, the police would need a search warrant to search the car, although they could impound the car until a search warrant is issued.
Answered on Nov 14th, 2012 at 3:58 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Ask the mother for defense? You mean ask her to pay for the criminal case defense? Sure, ask away. Police CAN do anything they like that they can get away with. Your remedy is that if arrested, there may be grounds for an evidence and search suppression motion.
Answered on Nov 14th, 2012 at 2:20 AM