About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

53 Wm. & Mary L. Rev. 55 (2011-2012)
The Fourth Amendment Rights of Children at Home: When Parental Authority Goes Too Far

handle is hein.journals/wmlr53 and id is 57 raw text is: THE FOURTH AMENDMENT RIGHTS OF CHILDREN AT HOME: WHEN PARENTAL AUTHORITY GOES TOO FAR KRISTIN HENNING* ABSTRACT Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amend- ment jurisprudence involving minors, Professor Henning identifies three guiding principles-context, parental authority, and the minor's capacity-that weave together children's rights cases. She argues that parental authority too often prevails over children's rights, even when context and demonstrated capacity would support affirmation of those rights. Context involves both the physical setting in which Fourth Amendment protections are sought and the nature of the privacy interest at stake. Capacity considers the minors' maturity and judgment to safeguard their own rights without undue parental authority and direction. Recognizing third-party consent as a useful lens through which to analyze the Fourth Amendment rights of minors in conflict with their parents, this Article critiques the Supreme Court's recent dicta in Georgia v. Randolph, which significantly undermines the authority of minors to resist State intrusion into their most intimate space within the family home---often their bedrooms. Notwithstanding the relatively narrow context in which Randolph applies, its dicta has broad implications for the validity of third-party consent in a variety of parent-child scenarios, including parental consent to a police * Professor of Law, Georgetown Law; J.D., Yale Law School; L.L.M. Georgetown Law; A.B., Duke University. I thank Kami Simmons Chavis, Wallace Mlyniec, and Michael Pinard for reading drafts of this Article. I thank Kacey Mordecai and Alayna Stone for their invaluable research assistance. 55

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most