{"id":8929,"date":"2013-08-06T08:32:23","date_gmt":"2013-06-23T09:08:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-23T09:08:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8929","title":{"rendered":"WI: Person loaned laptop had apparent authority to consent to police search"},"content":{"rendered":"<p>Defendant lived with his parents and was dating a woman, and she came over to spend the weekend when his parents were gone. He specifically let her use his computer while he was at work, and she found child pornography, and she called the police. She had apparent authority to let them in the house and to search it. <a href=\"http:\/\/wicourts.gov\/sc\/opinion\/DisplayDocument.pdf?content=pdf&amp;seqNo=98355\">State v. Sobczak<\/a>, 2013 WI 52, 347 Wis. 2d 724, 833 N.W.2d 59 (2013), affg <a href=\"http:\/\/www.wicourts.gov\/ca\/opinion\/DisplayDocument.pdf?content=pdf&amp;seqNo=75497\">State v. Sobczak<\/a>, 2012 WI App 6, 338 Wis. 2d 410, 808 N.W.2d 730 (2011) (posted <a href=\"http:\/\/fourthamendment.com\/blog\/index.php?blog=1&amp;title=wi_giving_full_access_to_a_computer_give&amp;more=1&amp;c=1&amp;tb=1&amp;pb=1\">here<\/a>):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Our Constitution obeys the &#8220;centuries-old principle of respect for the privacy of the home,&#8221; Wilson v. Layne, 526 U.S. 603, 610 (1999), and the state therefore may not intrude into a residence without a warrant unless it satisfies one of the few and narrowly-drawn exceptions to the warrant requirement. Welsh v. Wisconsin, 466 U.S. 740, 749 (1984). One exception permits the police to enter the home when the prosecution can persuade a court that the officer was invited to cross the threshold by someone authorized by the defendant to extend such invitations. United States v. Matlock, 415 U.S. 164, 171 (1974). At issue now is whether Kristina Podella had that authority when she invited law enforcement to enter Kenneth Sobczak&#8217;s residence and view suspicious files on his computer. The circuit court found that she did have that authority and accordingly denied Sobczak&#8217;s motion to suppress, and the court of appeals agreed. We agree with both the trial and appellate courts, and consequently affirm the decision of the court of appeals.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8929\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8929","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8929","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8929"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8929\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8929"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8929"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8929"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}