California, United States of America
The following excerpt is from People v. Duren, 107 Cal.Rptr. 157, 507 P.2d 1365, 9 Cal.3d 218 (Cal. 1973):
On the assumption that in procuring the clothing the officers conducted a search, defendant argues that where an accused is in custody, he should be entitled to have a magistrate determine if there is reasonable cause to search his home, particularly when the search is to be conducted at night. He further contends that his wife could not validly consent to a search of the home. As hereinabove pointed out, however, no search took place. In any event, since a wife normally exercises as much control over the property in the home as the husband, police officers may reasonably assume that she can properly consent to a search thereof, and her consent obviates the necessity for a search warrant. (In re Lessard, 62 Cal.2d 497, 504--505, 42 Cal.Rptr. 583, 399 P.2d 39; cf. United States v. Alloway (6th Cir. 1968), 397 F.2d 105, 109.)
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