United States Fourth Circuit

Denial of motion to suppress evidence, a computer police seized from defendant's home without a warrant, is affirmed where defendant's wife had apparent authority to consent to a search of the computer and its password-protected files, despite the fact that wife was not privy to defendant's passwords and was not computer-savvy, as police had no indication from wife or attendant circumstances that files were password-protected.

Appellate Information

• Argued 11/29/2006
• Decided 01/11/2007
• Published 01/11/2007

Judges

• Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Kent Bowers, Harrisonburg, Virginia, for Appellant.  Joseph William Hooge Mott, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.   ON BRIEF:  John L. Brownlee, United States Attorney, Ashley Nicole Reynolds, Third Year Practice Student, Office of the United States Attorney, Roanoke, Virginia, for Appellee.