meta_pixel
Tapesearch Logo
Log in
Street Cop Podcast

Minimum Age to Ask Consent to Search

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 29 July 2021

⏱️ 5 minutes

🧾️ Download transcript

Summary

In this throwback episode, Dennis discusses the minimum age to consent to search as well as the conversations that may occur in such situations. Recorded on 03/25/2017.

Transcript

Click on a timestamp to play from that location

0:00.0

One on a Saturday for you guys and I'm going to give you a little piece of advice.

0:15.0

People post questions and I thought it was going to just jump on and give you guys an answer on that.

0:19.0

And the question was, what age does somebody have to be to give consent to search of a motor vehicle or backpack

0:25.4

or anything of that sort? And the answer is there actually is no age. The court requires the person

0:31.5

to be knowing, intelligent, and off top, I just had it in my head and I just screwed it up. Knowingly, intelligently, and voluntary. Okay, voluntary. So those are the three free, free requisites with the requirements to getting a legal consent to search. So let's test this a little bit and try to make sense of it. You pull over a car that's a 17-year-old driving. Once you build RAS, you know, obviously you have the odor of marijuana. You can search a car.

0:57.1

But again, like I've always said in the past, and I haven't said this in a while, but you could have the odor of marijuana still request consent to search. You want to know more about that, I could explain. but the bottom line is because of scope of search with the odor of marijuana, you want to be able to capture the whole car.

0:56.1

So you don't want to lose your scope of search by going into a trunk. When you weren't supposed to go into a trunk, maybe with the odor of burnt, you found the product of that odor. But back to this is, let's say you built reasonable suspicion. Something's wrong on the side of the road, whatever it may be, and you're asking for consent to search. Can you ask a 17-year-old? You certainly can because a 17-year-old knows better, you know, that they shouldn't be engaged in criminal activity, what their rights are. I mean, anybody in 17 is going to know this. They can operate a car. Unless they really, really don't get what's going on, Then you have to just, you know, weigh it on,

1:44.5

do you get consent or do you not? But even somebody who's 15, who's been through the system since

1:49.2

seven, knows the law better than you do, you know, and maybe has been arrested 14 times for drug

1:55.6

distribution. Can they give you consent to search? Do the courts view them as somebody who knew

2:00.7

better or knows the system well? Sure. You know, are you going to search an 11-year-old backpack? Maybe a kid who decided to do something and you're going to ask for consent to search as a backpack and he's going to know it right from wrong? You know, probably not in that situation. So just know that when somebody's on the side of the road, they're like, well, I'm 17, I'm not 18, I have to ask my parents' permission. That's not the case. Okay, I've told a lot of 17-year-olds, you know, you're not in custody. This is a Terry-style stop. That's how motor vehicle stops are viewed. They're not, um, it's a lawful detention, but it's not a full-blown

2:34.5

custodial arrest. You know, you're not calling mommy and daddy at this point. Do you have anything illegal in the car? Can I search the car? Now, if they don't know what to do, so they're not going to give consent because kids are getting smart watching all this bullshit right now on, um, you know, on YouTube and they think they're, you know, whatever stuff they watch.

2:33.2

You can always call the parents.

2:34.7

I can't have any time. smart watching all this bullshit right now on um you know on youtube and they think they're you know

2:51.1

whatever the stuff they watch uh you can always call the parents i can't tell many times i've called

2:55.3

the parents if the car is registered to the parents and said hey we want to search your car

2:59.2

parents come down go yeah i'll sign that form or come right to the stop and then they'll sign that

3:03.6

form or tow the car back to headquarters whatever it may be you could always could always do that. And then worst case scenario, you just call a dog. They're refusing consent. Parents are refusing consent. Or if the parents are far away, even the parents are two hours away, they can't get to you. Just call dog. If the dog come, let dog indicate go inside the car. It's just that simple. It's just a wonderful thing now that we're allowed to do. But again, back to the original question, there is no age, minimum age requirement for consent to search. So that's Saturday's lesson for you guys. I know people go back into this and they're going to see, I discuss different days. We are booked out for the next class, but we got a huge room, June 13th and 14th. This is 2017, the Burden County Police Academy. We'll be able to hold a lot of people. We're already up to 44 people for that class. They're a big, that's a big class. We're going to be a big class. We're going to be a big class. We're going to be a big class. And then we have the big group. We're going to be hosting a class. And then we're the works and getting something new going.

3:58.1

And Madison Police, we've talked to them already.

3:59.7

They're going to be hosting a class.

4:00.8

And I believe the name of the class is going to be is Shree Academy. So it should be pretty interesting. I'm saying you can share some stuff for what I'm going to do in that class with you guys. And we'll continue to grow. and anybody from the out of state who thinks some of the stuff that we talk about here is valuable

3:56.9

two-day classes is excellent and I am looking to expand.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Street Cop Training, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Street Cop Training and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.