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Davis V. State: Too Young To Consent?, Judson Robert Jahn

Mercer Law Review

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 …