Jacob Paul Bermel v. United States
FourthAmendment Privacy
Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment?
QUESTIONS PRESENTED Mr. Bermel’s minor child found a small camera in her bathroom. She had no knowledge of the camera and had never used it before. The child removed the camera and her mother, who lived in a different residence, contacted law enforcement. Law enforcement came to the mother’s house and seized the camera. Law enforcement did not ask the child or the mother for permission to search the camera. Law enforcement conducted several searches of the camera and enclosed SD card, all without a warrant. Mr. Bermel’s case presents two questions for this Court: L. Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? I. Whether a minor child has apparent authority to consent to a search of their parent’s electronic device if the child has apparent authority to consent to a search of the room the device is found in? i