In Davis v. State, the Supreme Court of Georgia held that a ten-year-old child could not give valid consent to a search of his parents' home. In determining the validity of a minor's consent, the supreme court considered those factors that the court of appeals deemed relevant in Atkins v. State. Applying the Atkins factors, the supreme court held that ten-year- old Darrin Davis ("Darrin") "lacked that degree of mental discretion necessary for a minor to give valid consent to the search of his, and his parents', home." According to Justice Sears-Collins, "[m]ost ten-year-old children are incapable of understanding and waiving their own rights, much less those of their parents."'
This Casenote begins with the facts and procedural history of Davis v. State. It then discusses the background cases leading up to the thirdparty- minor consent exception to the warrant requirement. This Casenote concludes with an analysis of the decision and a brief summary.
Jahn, Judson Robert
"Davis v. State: Too Young To Consent?,"
Mercer Law Review: Vol. 44:
4, Article 17.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol44/iss4/17