By: Derek Hawkins//September 26, 2016//
7th Circuit Court of Appeals
Case Name: United States of America v. Talon G. Wright
Case No.: 15-3109
Officials: EASTERBROOK and SYKES, Circuit Judges, and ADELMAN, District Judge
Focus: Motion to Suppress
A day after police responded to a domestic dispute between Talon Wright and Leslie Hamilton, an investigator returned to the couple’s apartment to follow up on suspicions that Wright was in possession of child pornography. With Hamilton’s consent, the investigator searched the apartment and conducted a forensic preview of a desktop computer found in the living room. The preview revealed images of child pornography on the hard drive. Wright was indicted on child-pornography and child exploitation charges. He moved to suppress the evidence recovered from the warrantless search of his computer, arguing that Hamilton lacked authority to consent. The district judge denied the motion. Wright pleaded guilty but reserved his right to appeal the denial of suppression and now does so. We affirm. Although Wright owned the desktop computer, Hamilton was a joint user who enjoyed virtually unlimited access to and control over it. The computer was located in the living room of the couple’s apartment, and everyone in the family, including Hamilton and her children, used it freely. These facts, which were conveyed to the investigator prior to the search and later confirmed through further investigation, establish Hamilton’s common authority over the computer.
Affirmed