knock and talk

[fully baked]

Purely hypothetical situation here, just curious what the result would be.

So a cop comes to do a knock and talk and use their sneaky ass tactics to try to get inside. If a minor in the house opened the door and they persuaded the little uns to let them in, is that legal?? Can they try to persuade the kid to let them into the house legally, or does the fact that they are a child prevent this?

Also can they try to persuade a non-resident to let them in? Say a worker or something of the sort...

Lemme know what you guys think... I'd love to hear it.

 

[yamaha_1fan]

Great question. I was wondering the same thing

I would think that a minor does not have the legal authority to give permission. A minor can not sign legal documents or enetr contracts so I doubt they can give LEO permission to enter.


A permanent housekeeper may be able to give permission but I doubt the plumber could give permission.

Great questions and I would love to know the answer.

 

[British_Bulldog]

They will get in any way they can, so beware! The key is to train anyone who's likely to be in a position to open the door to the pigs, that gives access to a grow, to never let them in without a warrant......"daddy says you can't come in without a warrant mister"........lol.........but then again I'd never grow with children in the house anyway.

They will often bend the rules to get an arrest, and then it's upto the busted party to get a good brief and sort things out......this usually costs a lot of money.....but that's the way the legal system works.


Peace

 

[JJScorpio]

I would have to guess that if the child was schoolage and the police officer could only stand outside the door. He could never ask the child permission to search or any other questions other than "is your mommy or daddy home", or "if they are ok"? A minor can't give consent to search so I doubt they can give a policeman consent to enter a house either. Now, would some cops try and take advantage of this. Yes they would. And if there were precedent law to protect you from this, very few people have the money to take it this far....

 

[ItsGrowTime]

http://www.lawcollective.org/article.php?id=104

It’s critical that all the people who live in your home, including temporary houseguests, understand that they must not consent to let the police enter or search. (Your door chain is only as strong as its weakest link.) The police can rely on consent from anyone who appears to be a resident or lawful user of the property. So you have a real problem if the person who answers the door is just a friend who came to dinner, who doesn’t know to say, “I don’t consent.” One way to prevent accidents is to post instructions inside, on or near the door, stating:

(image of note saying do not consent to a police search)

Officers can even receive consent to enter your home from school-age children, so it’s important to teach the kids, too, about their Fourth Amendment rights and the policy of your household.

I dont know 100% how reliable that is but Im sure unless there is case law on the books already in your state, it would probably hold up.

EDIT: After further reading, it appears that this is totally dependant on the state as each state's law regarding searches is different, as is the case law behind it. In my state, generally a minor child can't consent to search but an adult child can.

 

[paulobaca]

This is sad but the private mj vendors I know with kids have taught their kids to fear and distrust the police for this very reason. Also kids are taught in school to report their parents to the police if they suspect their parents smoke mj, which is retarded because the kids usually end up in group home just because their parents sucked on some herb.

 

[EasyBakeIndica]

Tony used to get pissed when his European house keeper would let the authorities in without a warrant.​

"How many times did I say this?! NEVER WITHOUT A WARRANT!" - Tony Soprano​

 

[fully baked]

Thanks for the responses guys

 

[Verite]

I wouldnt be half as concerned about the police as I would be a minor that thinks its ok to answer the door regardless of the situation.