U.S. v. Wright

In prosecution on charges of possession of child pornography and sexual exploitation of minor, Dist. Ct. did not err in denying defendant’s motion to suppress contents of defendant’s computer under circumstances where defendant’s housemate had granted police permission to search said computer after housemate had accused defendant of being pedophile during police investigation of alleged domestic violence incident. Record showed that housemate and her children exercised common authority over couple’s apartment, and that subject computer functioned as family computer, where housemate and her children watched movies, played games and performed other functions on computer. Moreover, while defendant had recently moved out of apartment at time housemate granted police permission to search computer, defendant had left housemate with unrestricted access and control over computer, so as to support finding that housemate could validly give permission to search computer. Fact that defendant had recently ended romantic relationship with housemate did not automatically revoke housemate’s common authority over computer. Record also showed that housemate exercised apparent authority over computer, where: (1) housemate informed police that computer was family computer; and (2) police observed computer in living room floor that was connected to television near presence of women’s clothing and children’s toys.