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YUMA COUNTY ATTORNEY v. McGUIRE

No. 11867.

111 Ariz. 437 (1975)

532 P.2d 157

YUMA COUNTY ATTORNEY, Petitioner, v. The Honorable John A. McGUIRE, Judge of the Superior Court, and Thomas Franklin Lutz, Respondents.

Supreme Court of Arizona, En Banc.

February 27, 1975.

Attorney(s) appearing for the Case

Wm. Michael Smith, Yuma County Atty. by John N. Nelson, Deputy County Atty., Yuma, for petitioner.

John A. McGuire, in pro. per.

Nelson & Moran by Garth Nelson, Yuma, for respondent Lutz.

HAYS, Justice.

The Yuma County Attorney filed a petition for special action and this court accepted jurisdiction. Petitioner contends that the respondent judge erred in suppressing evidence seized in a warrantless search. The simple issue as stated by the petitioner and concurred in by respondents is:

"May a spouse give consent to the search of their home when each spouse exercises control and dominion over the house and the other spouse is not present but...

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