Atkins v. State

Clarke, Justice.

We granted cert, to consider whether a child under the age of eighteen can give a valid consent to search his mother’s house. The Court of Appeals in Atkins v. State 173 Ga. App. 9 (325 SE2d 388) (1984), found the consent to be valid. We hold that a minor may give consent, but we find that not all the necessary elements for giving consent were established at the suppression hearing. We therefore remand for a more complete hearing.

Three police officers went to the home of appellant after receiving tips that he had stolen some tools, an air compressor, and some plumbing…