D.C.
People v. D.C.
Opinion
lead Opinion
Margulies, J.
Appellant D.C., a minor, was continued as a ward of the court after police found stolen goods in his bedroom during a search of the apartment he shared with his mother and older brother. Police originally went to the apartment to conduct a probation search relating to the older brother, suspecting he might have been involved in local crimes. As they arrived, the officers obtained consent from appellant’s mother to search the entire apartment. Appellant objected and attempted to block the officers’ entry, but he relented when his mother told him to “get out of the way.”
Appellant contends evidence of the stolen goods should have been suppressed because (1) his mother did not have the authority to consent to a search of his bedroom and (2) his objection to the officers’ entry to the apartment precluded a consensual search under Georgia v. Randolph (2006) 547 U.S. 103 [ 164 L.Ed.2d 208 , 126 S.Ct. 1515 ] (Randolph). While the arguments appellant raises might have prevailed were he an adult, we conclude his mother, as the parent of a minor child, had the authority to consent to a search of his bedroom and to override any objection he raised to the search of her…