STATE v. McCAUGHEY

No. 21220.

904 P.2d 939 (1995)

127 Idaho 669

STATE of Idaho, Plaintiff-Appellant, v. Joseph Walter McCAUGHEY, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, March 1995 Term.

Rehearing Denied November 20, 1995.


Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Douglas A. Werth, Deputy Attorney General, Boise, for appellant. Douglas A. Werth argued.

Roark, Rivers, Baxter & Phillips, Hailey, for respondent. R. Keith Roark argued.


SILAK, Justice.

This is an appeal from an order of the district court suppressing evidence in a criminal action against respondent for trafficking in marijuana. The evidence was obtained without a search warrant on the basis that respondent's wife consented to the search and that the officers reasonably believed she had authority to consent. We reverse the order of the district court and remand for further proceedings consistent with this opinion.

I.

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