Davis v. State, 422 S.E.2d 546 (1992)

Facts

10-year-old came home and discovered narcotics in his parent’s bedroom.  He called 911 and when the officer arrived, directed them to the bedroom.  The officers discovered cocaine and marijuana.  When the mother arrived, she consented to a search of her purse and narcotics were found.  When the step-father arrived, both parents refused consent to search the home.

Procedural History

Davis moved to suppress the evidence but the trial court denied the motion.  The Court of Appeals affirmed the trial court’s denial.

Issue(s)

Did the trial court err in finding that the consent given by the child was enough to make the search valid under the Fourth Amendment?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that by looking at all of the circumstances, especially Darrin’s youth, the consent given by him was not valid for the police to conduct the search.  Thus, the evidence procured as a result of the search should have been suppressed.

Judgment/Outcome

The Court reversed the judgment of the lower courts.