QUESTION
Can a minor be searched during a raid without the parents approval?
Asked on Sep 26th, 2013 on Criminal Law - Utah
5 ANSWERS
All people in the United States have the right to be free from unreasonable search and seizure. If a law enforcement officer has probable cause or has a warrant the search is reasonable and is allowed. A minor has these rights. If there is probable cause for the search a minor is subject to search without his parents present or approval.
Answered on Sep 30th, 2013 at 1:02 PM
John J. Carney
The police are supposed to try to find the parents of a minor before they question them but they seldom bother, especially if they want a confession or information. They can search anyone for their safety or pursuant to a warrant or if they have probable cause.
Answered on Sep 30th, 2013 at 11:34 AM
Michael J. Breczinski
Yes. The minor could be used to hide whatever the police are looking for.
Answered on Sep 30th, 2013 at 8:52 AM
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The police don't need parents approval to search a minor. They only need the correct legal standard, reasonable suspicion or probable cause, depending on what type of situation it is.
Answered on Sep 27th, 2013 at 10:55 AM
Travis Christiansen
Yes if there is a risk of the loss or destruction of evidence.
Answered on Sep 27th, 2013 at 10:00 AM