Can a wife who is not within the premises give consent to a search?
California, United States of America
The following excerpt is from People v. Veiga, 214 Cal.App.3d 817, 262 Cal.Rptr. 919 (Cal. App. 1989):
"The reasoning of Tompkins compels the conclusion that a person in common ownership or control, such as a wife, who is not within the premises cannot give such consent to enter and search the premises as to excuse the police from complying with the requirements of section 844." (Duke v. Superior Court, supra, 1 Cal.3d at p. 322, 82 Cal.Rptr. 348, 461 P.2d 628.)
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