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Kyler Smyler

I'm hanging out with a couple of friends at my apartment, one of which earlier informed me that his parents kicked him out (19 years of age). His parents have had an ongoing hatred for me. I, being 17, live with my mom and sister in an apartment. I left my house about an hour and a half ago and my 11 year old sister was home alone. Well, the three effing pigs came knocking on my door dressed in black. One of the officers asks my sister if I or my friend were in the house. She told them no, and they asked her if "we could come in and check". She, being 11, said yes. They came in and apparently looked around my room for quite a bit. Now, they said they wanted to check for me and my friend, and the reason is because his parents informed the police that he "ran away" or whatever.

Hang on, 2 quicks thoughts:
-19 years old, why the hell are the cops looking for a 19 year old? (there's no other reason, except he drives without a license.)
-Remember, the cops said they wanted to CHECK to make sure we weren't there

=Resume=

So, while the pigs were in my apartment they looked at stuff in my room and throughout the other rooms. Isn't that #1 illegal without a search warrant and #2 illegal because they're looking for PEOPLE. Now, it is valid that my ELEVEN year old sister said they may enter, but there was no guardian present and, c'mon, it's a kid. I guess if they would have happened to find anything in here they didn't like, they could theoretically get a search warrant.

I think this is abuse of the legal system, my sister is in tears. Spread some light please!

 

chadwick

well im not an expert ask trouble maker he seems to know the most about these things but i do know a decent bit

if they are looking for people and then they search your drawers or something that is illegal as far as i know common sence dictates that he cant be hinding in a place smaller than he is and if hes 18+ than he cannot be cosidered a runawy meaning they had no reason to search for him, unless the car that he was driving belonged to him or his parents had said he had violated some kind of law, which would mean they are trying to get their own son arrested, which also means he needs a restraining order or something

Sec

The question, and it is a very good one, is:

Can an 11 year old consent to a premisis search?

A side effect of that question is:

IF an 11 year old can consent to a search, then during that search can the police look for things other than stated in the request?

There must be some missing part of this story if the police were looking for a 19 year old.

Sorry, I have no answers for you, but I will be watching this thead closely to see what our "experts" have to say regarding this issue.

Maybe Phuzz01 or Bart Simpson will grace us with their presence soon.

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Kyler Smyler

As I said, the 19 year old is not involved in any crime other than driving with a suspended license. The car I believe is in his dad's name, so it makes sense why they were looking for him. Still doesn't connect me into the story, nor the circus that went on at my house

chadwick

well if they belive that he was living at your house and the car was in his dads name than that could be why they searched your house for him, im not sure if an 11 year old can consent to a search i will look in to the laws on that but i dont know what state your from so i dont know what state laws to look at

but if they did any more than a quick search of your houses rooms and closets, maybe crawl spaces(if they were looking for a fugitive or mass murderer) then i belive that is ilegal but we still need to know what state so we can determine what laws the police must follow

 

Kyler Smyler

Pennsylvania

Viper420

Since there weren't any adults present and the oldest person in the house was an 11 year old child, the cops had more than enough cause to enter the house.
You need to check the statutes concerning the age at which a child can be at home by themselves. If you're going to be a role model for your sister, you might start by growing up a little.
99.95% of the time, the police are doing a worthwhile and a valuable job for their communities.

[Please choose your words more carefully, this is considered trolling.]

Kyler Smyler

Viper420 your addition to this thread is useless as much as it is tasteless. That little imagination-land-story time was seriously messed up and I think you should be ashamed of saying it. It is legal for an 11 year old cyberschool student to be at home alone. And mind you, literally the VERY NEXT property down the road is a common franchise-store's corporation building, which my mother works and. Hell, we can see it from the windows. All 3 of us own cellphones, so really my sister isn't unsafe as you'd like to joke about. Oh yeah, and there's 2 dogs at the house that would tear apart anything they thought would harm us. So, let's get back to determining legal issues, as this forum is used for, and keep sick creepy scenarios to yourself, dickhead.

[This would be flaming, perhaps this would be a good time for everyone who hasn't read the Posting Guidelines to do so.]

Trocisp

Honestly, If I was in your shoes (since the cops didn't find anything?) I'd just let it go, and talk to my little sister about it and ask her not to let the Police in the house without a search warrant.

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steakii

I know in my state you have to legally be 12 years old to stay at home alone unless there is a baby sitter of 12 years or older. Im pretty sure of that, i saw it on the news about a year back the age might be off, but im pretty sure that is what it is.


After some searching on the internet, federal law does not specify, but some states do, you should check for you state.