Does the consent of a minor have to be obtained by police officers who entered her house unannounced with drawn guns?

California, United States of America


The following excerpt is from Joe R., In re, 165 Cal.Rptr. 837, 27 Cal.3d 496, 612 P.2d 927 (Cal. 1980):

She testified that five or six officers entered the house unannounced with drawn guns, conducted a search, and asked her to sign the written consent only after their search was virtually complete. She stated she signed because she was afraid. An officer, however, testified that he was one of five who went to the house to arrest the minor, whom they believed to be armed and dangerous. Two went to the rear to prevent an escape. The others knocked on the front door; the mother answered; and they announced their purpose, entered, and went through the house looking for the minor. They obtained her written consent only after explaining her right to refuse and before searching for evidence. Accepting that officer's testimony, the trial court properly found the consent to be voluntary. (People v. James (1977) 19 Cal.3d 99, 137 Cal.Rptr. 447, 561 P.2d 1135.)

Other Questions


Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Can a police officer enter the curtilage of a house and enter into the front garden of the house? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
In what circumstances will the landlord of an apartment house evict a police officer who found a large quantity of typewriters and office equipment in the garage of the apartment house where they were evicted? (California, United States of America)
Is consent obtained by police officers obtained through subterfuge and fraud? (California, United States of America)
When a defendant consents to a blood draw without a warrant being obtained by the police, can the officer obtain a warrant? (California, United States of America)
Does a superior court's finding that a trespassing officer had a right to enter the yard of a private member of the public who had entered the yard without permission of the police officer? (California, United States of America)
Does a police officer need to obtain consent to enter and search a person's home during a second interview? (California, United States of America)
What is the test for obtaining consent for a search of a house by a police officer following a domestic violence incident? (California, United States of America)
Can a police officer enter a house where the landlord's aegent has authority to enter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.