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Criminal Law

: Fourth Amendment

Article: Third party consent against adult children living with parents requires more sensitive analysis

By John Wesley Hall, Jr.

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When is a Parent's Authority Apparent? Reconsidering Third-Party Consent Searches of an Adult Child's Private Bedroom and Property, by Jason C. Miller, in Criminal Justice, Winter 2010, 34-37: By requiring police to more thoroughly develop an understanding of the relationship, rather than assuming all parents can consent to searches of all adult children’s rooms, courts would better protect the right to be free from unreasonable searches and seizures of both parents and their adult children. All adults should be treated as equals under the law, even those who reside with their parents.

Full post as published by Fourth Amendment on January 13, 2010 (boomark / email).

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