What 4th Amendment Rights Do Minors Have?

If a minor under the age of 18 is stopped in traffic, do they have the same rights as an adult in terms of Fourth Amendment protections? Or, can the bedrooms or school lockers of minors be searched lawfully in a manner that would constitute a violation of the Fourth Amendment if the person targeted for a search were an adult? In other words, do minors have the same constitutional protections under the Fourth Amendment as adults do?

According to Georgetown Law constitutional scholar Kristin Henning, “it is virtually undisputed that children have Fourth Amendment rights independent of their parents,” yet “it is equally clear that youth generally receive less constitutional protection than adults.” If minors do have Fourth Amendment protections but potentially not as much protection as an adult, what does that mean in practice? Our Indianapolis criminal defense lawyers can explain in more detail.

Place of the Search and Seizure Matters 

When it comes to a minor’s Fourth Amendment rights against unreasonable search and seizure, the place of the search matters. If a minor is stopped while driving a vehicle or while on foot in a public location or in a private retail establishment, for example, the same Fourth Amendment protections that generally apply to adults will apply. To be clear, police will need reasonable suspicion to stop and probable cause to conduct a search without a warrant, unless one of the known exceptions applies.

However, a minor’s Fourth Amendment rights are more limited in school and in their home. The location of the search involves a question of authority and whether there is another figure, such as a school official or parent, who has authority over the minor.

School of the Minor and Fourth Amendment Protections 

In a school, the US Supreme Court ruled in New Jersey v. TLO (1985) that school officials can conduct a search of a student or the student’s property if the search is reasonable under the circumstances. The Court reasoned that the same Fourth Amendment protections that apply to adults do not apply to minors in school who are under the authority of school officials. In short, while a student retains some Fourth Amendment protections in a school, a school official does not need probable cause to conduct a search because students have a reduced privacy expectation in schools when they are under the authority of school officials.

Home of the Minor and Fourth Amendment Protections 

While minors who live alone generally maintain the same reasonable expectation of privacy as adults and the same Fourth Amendment protections against unreasonable searches, the situation is different for minors who live with their parents or another guardian. While the question of a minor’s expectation of privacy at home — and the degree of their Fourth Amendment protections — remains to be determined fully, there are case law examples of minors having full Fourth Amendment protections with regard to the privacy of their bedroom. At the same time, the US Supreme Court has ruled that parents have the right to decide what is in the best interests of their child, and accordingly, are able to consent to a search of their child’s bedroom.

Any case involving a search of a minor in their home, where they were under the authority of a parent or guardian, would likely need to be considered on the specific facts of the case.

Contact an Indianapolis Criminal Defense Attorney Today 

If you have any questions or concerns about your constitutional rights or those of your child, especially if a search resulted in an arrest, it is critical to seek advice from an experienced Indianapolis criminal defense lawyer at Rigney Law LLC. We can speak with you today to learn more about the circumstances and to provide you with information about your rights and whether a Fourth Amendment violation could result in charges being dropped or dismissed. Contact us today to learn more.

Sources: 

scholarship.law.georgetown.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1617&context=facpub

uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-fourth-amendment-mean#:~:text=The%20Constitution%2C%20through%20the%20Fourth,deemed%20unreasonable%20under%20the%20law