Post by Bertie on Jun 2, 2006 1:15:10 GMT -5
Wouldn't common sense tell police that a minor is not capable of granting consent to search his parents home? So they either were morons or malicious. Which is it?
Montana Supreme Court Says Children Under 16 Cannot Legally Authorize Police Searches
By MATT GOURAS
The Associated Press
HELENA, Mont. - Children under 16 cannot legally authorize police to search their parents' home, the Montana Supreme Court has ruled.
The decision stems from a 2004 case against a woman who pleaded guilty to drug possession after police confiscated a marijuana pipe and a small amount of methamphetamine from her home during a search authorized by her 13-year-old daughter.
The District Court judge had ruled that the teen was capable of allowing the search because her parents had left her home alone and in charge.
But the state's high court unanimously agreed children do not have the same ownership rights of family property.
The court said a child under the age of 16 "does not have the capacity or the authority to relinquish her parents' privacy rights," Justice William Leaphart wrote. The court cited the Montana Constitution's right to privacy provision.
The ruling sends the conviction of Kerry Ann Schwarz of Thompson Falls back to court for another trial. The justices noted that police made no effort to contact Schwarz or to get a search warrant.
Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Montana Supreme Court Says Children Under 16 Cannot Legally Authorize Police Searches
By MATT GOURAS
The Associated Press
HELENA, Mont. - Children under 16 cannot legally authorize police to search their parents' home, the Montana Supreme Court has ruled.
The decision stems from a 2004 case against a woman who pleaded guilty to drug possession after police confiscated a marijuana pipe and a small amount of methamphetamine from her home during a search authorized by her 13-year-old daughter.
The District Court judge had ruled that the teen was capable of allowing the search because her parents had left her home alone and in charge.
But the state's high court unanimously agreed children do not have the same ownership rights of family property.
The court said a child under the age of 16 "does not have the capacity or the authority to relinquish her parents' privacy rights," Justice William Leaphart wrote. The court cited the Montana Constitution's right to privacy provision.
The ruling sends the conviction of Kerry Ann Schwarz of Thompson Falls back to court for another trial. The justices noted that police made no effort to contact Schwarz or to get a search warrant.
Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.