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This section contains the nature of the case and procedural background.

Fischer appeared to have been severely beaten by Rodriguez (D). She took police officers to D's apartment (which Fischer referred to as 'our' apartment), unlocked the door with her key, and gave the officers permission to enter. They had neither an arrest nor a search warrant. Upon entry, the officers observed cocaine and drug paraphernalia in plain view. They arrested D, charging him with possession of a controlled substance with intent to deliver. D moved to suppress all evidence, claiming that Fischer had no authority to consent to the entry. The trial court granted the motion, concluding that Fischer was an 'infrequent visitor' and not a 'usual resident.' This was based upon the findings that Fischer's name was not on the lease, that she did not pay rent, that she was not allowed to invite others to the apartment on her own, that she did not have access to the apartment when D was away, and that she had moved some of her possessions from the apartment. The trial court also rejected the State's (P) claim that there was no 4th Amendment violation if the police reasonably believed at the time of their entry that Fischer possessed authority to consent. P appealed.

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