Commonwealth v. Guthrie G.

I write separately because I disagree with the majority opinion insofar as it concludes that the juvenile’s consent to produce the gun “was freely and voluntarily given,” ante at 418, and that the juvenile’s opportunity to consult with his father was genuine and meaningful.

Voluntariness of consent. The issue as framed by the Commonwealth is whether the juvenile consented to police officers accompanying him to his bedroom to get the gun. The majority focuses on the juvenile’s consent to the request by police that he get the gun, concluding that “consent . . . was freely and voluntarily given.”…