State v. Zimmerman

SANDSTROM, Justice.

The State appeals an order suppressing evidence that Michael Zimmerman unlawfully possessed dead deer. The trial court ruled there was no valid consent to search the Zimmerman farmstead. We address the issue of who has common authority over premises to consent to a search, and reverse the order.

I

A North Dakota Game and Fish Department warden obtained a search warrant for a building on the Michael Zimmerman farm, on November 22, 1993. Based on a tip, the warden believed three untagged whitetail deer could be found in a steel building on the farmstead. The warrant stated the…