Illinois Appellate Court
Criminal Court
Search and Seizure
Police seized Defendant's computer after domestic dispute during which Defendant's girlfriend told police she had seen Defendant viewing child pornography sites on the Internet; and girlfriend gave police permission to seize computer. Even though Defendant had asked girlfriend to move out of his house during the day of the arrest, she was in the process of doing so, had not yet packed her personal items used for everyday, such as clothing and toiletries, and prior to that she had unrestricted use and access to house and its contents, including computer; thus, girlfriend still had actual authority to consent to search and seizure of Defendant's computer. Court thus improperly granted motion to suppress. (MYERSCOUGH and STEIGMANN, concurring.)