State v. McCaughey

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

FACTS AND PROCEDURAL BACKGROUND

In the early morning hours of June 21, 1993, Respondent Joseph W. McCaughey (McCaughey) came home after a night of *670dri…