Davis v. State

422 S.E.2d 546 (1992)

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Nature of the Case

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Facts

Darrin Davis was routinely left at home alone after school until his mother returned from work around 4:30 p.m. He had a key to the house and was required to call his mother immediately upon getting home each day so that she would know he arrived safely. During the time he was home alone on weekday afternoons, approximately one and one-half hours, the child was not allowed to invite anyone to the house or to play outside. Darrin's mother had instructed him to call 911 if he needed help. Darren was 10. While in his parents' bedroom, Darrin found what he believed to be drugs. Acting on advice he had received in drug abuse classes at school, Darrin called 911. Darrin spoke with Deputy Kirby and reported that drugs belonging to his mother and step-father were in his house. Darrin stated that he 'would like to get them some help.' Kirby dispatched Deputy Smith to the house. Before Smith arrived, Kirby called Darrin back and told him to wait outside the house so that Smith would recognize the house when she arrived. Darrin was waiting outside the house. Darrin walked over to the driveway and Smith followed the child into the house and into D's bedroom. D retrieved a mirror with white powder and a razor blade on it. Darrin also opened a nightstand drawer and pulled out a bag of marijuana and some rolling papers. Smith observed a 'marijuana joint' in an ashtray next to the bed. Smith seized all of the drugs. When the mother arrived, she consented to the search of her handbag, containing additional drugs, precipitating her arrest. D arrived home and he was also arrested. Darrin's mother and d refused to consent to a search of their home. The trial court denied D's motion to suppress the evidence. The Court of Appeals affirmed the trial court. D appealed.