State v. Rohrbach

Defendant was convicted of unlawful manufacture of a controlled substance. ORS 475.992(1). He assigns as error the denial of his motion to suppress evidence obtained as a result of the warrantless search of his residence, arguing that his estranged wife had no authority to consent to the search. We affirm.

In March, 1987, defendant’s wife and daughters went to California to visit family members. In May, the wife decided to stay and to separate permanently from defendant. On June 10, defendant made an unexpected visit to California and took the children for what he said would be an overnight…