If a parent finds marijuana in their son's room and hands it to officers, can the drugs be used as evidence against the son?

If a parent finds marijuana in their son's room and hands it to officers, can the drugs be used as evidence against the son?

• A. Yes, because there is no expectation of privacy
• B. No, because it's not the son's property
• C. Yes, but only if the parent had a warrant
• D. No, because the parent cannot hand evidence

Answer: (A)

Private citizens can discover and hand over evidence to police without triggering Fourth Amendment protections, which apply to government searches only. Here, a parent who finds marijuana in their minor son's room is not performing a government search. That private discovery does not violate the son's rights, and the police may use the evidence if it is properly handled and authenticated. In other words, the drug can be admitted at trial because it was obtained by a private individual, not by a government search, and no warrant is required for the police to use evidence handed to them by a private person.

Private citizens can discover and hand over evidence to police without triggering Fourth Amendment protections, which apply to government searches only. Here, a parent who finds marijuana in their minor son's room is not performing a government search. That private discovery does not violate the son's rights, and the police may use the evidence if it is properly handled and authenticated. In other words, the drug can be admitted at trial because it was obtained by a private individual, not by a government search, and no warrant is required for the police to use evidence handed to them by a private person.