Law Enforcement Interactions at Home
Domus sua cuique est tutissimum refugium: A man’s home is his castle.
In other words, your home is sacred and private from intrusion. This principle dates back to early English common law and is most obviously incorporated into our legal system through the Fourth Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…
What does that mean for you?
A police officer knocked on my door...
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If police knock on your door, you only have to let them in if they have a valid warrant for either search or arrest.
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You are permitted to ask police to slide the warrant under the door or hold it up to a window for you to review.
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If police have a search warrant, they are permitted to search the indicated area only for the items mentioned in the order.
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If police have a warrant for an arrest, police are allowed to enter the home of the person indicated in the order if they believe the said person is inside.
A police officer asked if they can search my home...
You never have to consent to police entering or searching your home. Ever.
But I have nothing to hide!
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Having nothing to hide is precisely why you should never compromise on your rights. In the eyes of the law, your privacy is sacred—that’s why it was included in the Constitution!
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Additionally, exercising your rights cannot and will never be used against you for legal purposes. It doesn’t make you look suspicious, it makes you look well informed!
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Withholding consent will never be used as a reason for arrest, nor will it be used as evidence in court.
What does it mean to consent?
By allowing officers to enter or search your home, you are waiving your Fourth Amendment rights. These rights are precious and yours. If you are considering waiving your protections, pause and think carefully about it. Remember that you cannot get into trouble with the law for saying no.
Is a minor's consent even valid in the first place?
Yes and no...
In order for a minor's consent to be considered valid in the eyes of the law, very specific circumstances have to be present.
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The minor shares the home with an absent, non-consenting parent
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The police officer reasonably believes that the minor had common authority to allow entry (meaning that the minor has a sufficient relationship to the space to permit entry or a search)
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The minor’s consent was freely and voluntarily given under the totality of the circumstances
Autonomy of Minors
Being a minor means that until you're eighteen years old, your parents are legally in charge of you.
Medical Autonomy
In an emergency where the health and physical wellbeing of a minor is in danger, even if a parent is not present to consent, the minor can be treated.
For sexually transmissible diseases (STDs), the consent of a parent or guardians isn’t necessary for a minor’s treatment or examination. Examination, consultation, and treatment of a minor for STDs is confidential, and cannot be disclosed in any direct or indirect manner, such as sending a bill for the services provided to a parent or guardian.
An unwed pregnant minor can consent to medical treatment or surgical care or services relating to their pregnancy by a hospital, clinic, or physician.
Like every rule though, this one has exceptions:
Getting married as a minor makes you automatically emancipated from your parents.
Once you turn sixteen, you can petition a court to be treated as an adult, but you must show you can support yourself and that it is in your best interest.
Questions?
Think you have it all figured out?