State v. Walker

The only issue before us is whether the trial court wrongly denied Ellen Walker’s (Ellen) motion to suppress evidence obtained in a search of her home to which she voluntarily consented. The Court of Appeals held that the trial court erred in not granting her motion for the reason that Ellen’s spouse, who was also present at their home at the time of the search, did not also consent to the search. We disagree with that conclusion and hold that the failure of the police to obtain the consent of Ellen’s husband did not vitiate the search as to Ellen. We, therefore, reverse the Court of Appeals…