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STATE v. BARTRAM

925 S.W.2d 227 (1996)

STATE of Tennessee, Plaintiff-Appellant, v. Charles William BARTRAM, Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

June 24, 1996.

Attorney(s) appearing for the Case

Charles Burson, Attorney General & Reporter, Michael E. Moore, Solicitor General, Nashville, Dent Morris, Assistant District Attorney, Springfield, for appellant.

Michael R. Jones, Public Defender, Clarksville, for appellee.

OPINION

ANDERSON, Justice.

We granted this appeal to re-examine this Court's adoption of the so-called "angry wife" exception to the rule that a warrantless search and seizure is presumed unreasonable unless there is a valid consent to the search. Fifty years ago, in Kelley v. State1, this Court viewed the marital relationship as an agency relationship between the husband and wife and, therefore, reasoned that the consent...

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