Wilkinson

— After the denial of his motion to suppress evidence, defendant Joseph Michael Wilkinson pled no contest to a charge of burglary arising from his entry into the room belonging to his roommate, Jessica Schultze, to use her webcam to obtain computer images of her and her boyfriend, Harry Sadler. The trial court placed defendant on probation on the condition that he serve 180 days in jail.

On appeal, defendant contends the trial court erred in denying his suppression motion because Sadler was acting as an agent for the police when he entered defendant’s room without permission and seized a number of compact discs that contained images from the webcam that defendant had copied from Schultze’s computer. Defendant also contends the police performed an illegal search when they viewed some of those images. Defendant asserts that his subsequent incriminating statement to police and his consent to search his room were tainted by the prior illegalities.

We conclude Sadler did not act as a police agent when he took the compact discs from defendant’s room and viewed some of the images on them. We also conclude that no illegal search occurred when Sadler showed police some of the…