This section contains the nature of the case and procedural background.

A bank was robbed, and Matlock (D) was the prime suspect. Three arresting officers went to D's residence, which D leased, from the owner. Another party, Mrs. Graff, who also rented from the owner, was present when the officers arrived. Mrs. Graff admitted them when she was told they were looking for money and a gun and asked if they could search the home. She voluntarily consented to a search of the house, which she later denied. The areas that were jointly occupied by D and Mrs. Graff were searched, and $4995 was found in a diaper bag in the only closet in the room. The District Court ruled that Mrs. Graff lacked actual authority to consent in that there was insufficient admissible evidence to show that Graff and D had lived together for a reasonable period of time prior to the search. The Court of Appeals affirmed.

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