Can police search a 13 year old’s bag without consent or probable cause?

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Can police search a 13 year old’s bag without consent or probable cause?

Asked on November 25, 2011 under Criminal Law, Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the 4th Amendment of the United States' Constitution, law enforcement cannot search a minor's bag without probable cause or absent consent to do so. If there was a search without probable cause and without consent by the minor, there would have been an unreasonable search and seizure in violation of the minor's Constitutional Rights.

Most states in this country have their own version of the United States' 4th Amendment Right against unreasonable search and seizure.


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