You are here:

Criminal Law/search of a minor


can a police officer search a minor without an adult present? And how can we verify why he stopped him in the first place. They said they received a call, can we hear that conversation? Aren't all calls supposed to be recorded?


The Reader's Digest version is Yes; however, there are several factors to be considered.

First, the police officer would have had to have had some sort of 'probable cause' to approach the minor in the first place. That probable cause could have come from anyone or anywhere. Radio call, concerned citizen, or his own personal observation(s).

After the officer approached the minor, he/she could pat him/her down for personal safety - to look for weapons concealed on his/her person. If the police officer feels something 'suspicious,' he can pull it out of the pocket as being 'incident' to the pat down. However, the police officer cannot go through their wallet, scroll through their cell phone, etc unless they are under custodial arrest.

Under ordinary circumstances, during a 'street stop' the officer would not have to contact the minor's parents. However, if the minor is placed in custody (formal or otherwise) and taken to the police station, the parents would normally be notified.   

In more recent court cases, the courts (state and federal) are looking closer at the initial probable cause for a street stop. If the initial probable cause is thrown out, so goes the evidence collected from that "poisonous tree."

The MPM Group, Inc.

Criminal Law

All Answers

Answers by Expert:

Ask Experts


Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

Past/Present Clients
Protected by Privacy Agreements

©2017 All rights reserved.