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Defendant lived in the basement of Flynn’s house in St. Louis, and Flynn discovered a meth lab. Flynn called the police and consented to their entry and search. Defendant’s relationship to the basement was difficult and uncertain, so the court assumes standing, but more than one person stayed down there, and it wasn’t clear what his privacy relationship was to the basement. It seemed that it wasn’t sufficiently private that Flynn couldn’t consent. United States v. Hendrix, 2012 U.S. Dist. LEXIS 53823 (E.D. Mo. March 30, 2012):

In the circumstances of this case, Officer Page and the other officers acted reasonably. When they arrived at 3232 California, they knocked on the front door and it was opened by a man who said he was Thomas Flynn who had phoned them earlier about a meth lab in his basement, operated by a friend of his. He then led the officers to the basement door, which was already open. Flynn had not asked anyone for permission to admit the officers into the residence nor to take the officers to the doorway leading to the basement stairs. His actions reasonably led the officers to believe that, like the woman in the doorway with the baby on her hip in Matlock, Flynn showed he belonged in the residence and had sufficient authority over it, including the basement area, to further authorize the police to enter not only the residence generally but also to go downstairs to investigate the possibly criminal activity about which he had called them. United States v. Almeida-Perez, 549 F.3d 1162, 1170-71 (8th Cir. 2008). The officers' entry into the basement room of defendant was constitutionally authorized by the consent of Thomas Flynn.

LA BLANCA, Texas (AP) -- A sheriff says masked gunmen opened fire at an illegal cockfight in rural South Texas, leaving three people dead and eight wounded....

Inconsistencies in the officers’ testimony led the court to conclude that consent was not given after a knock-and-talk. United States v. Miranda-Cortez, 2012 U.S. Dist. LEXIS 53402 (D. Utah April 16, 2012)*:

Because of these inconsistencies and the government's failure to acknowledge or otherwise convincingly explain them, the court concludes that the testimony of the officers involved in this operation is not sufficient to sustain the government's burden to prove it had freely obtained consent to search the basement apartment. The court wants to be clear that it is not impugning the testimony of the officers. Nothing before the court suggests that the officers have intentionally attempted to mislead the court or give knowingly false testimony. Indeed, it is more likely that the officers were distracted by their roles in continuing their deception to gain access to the house and were so overly concentrated on finding the drugs once they entered the basement, that they failed to appreciate all the details of what was occurring.

The officers may well have concluded that they had sufficient evidence to proceed without a warrant. Uncertainty, however, must weigh in favor of the constitutional protections. A pretext pursued with the stated objective of gaining entrance without a warrant may prematurely lead officers to believe they have succeeded in obtaining sufficient concessions from the home occupant to claim it was consent. With no exigencies evident here to justify a departure from the constitutional requirement, the officers rely on the consent exception, which is cluttered with uncertainties and contradictions.

TOPEKA, Kan. (AP) -- A convicted murderer and another inmate remained at large after escaping from a Kansas jail where they'd been transferred because of overcrowding at a state prison. Two others were apprehended, one after he turned himself in at a Walmart in Nebraska....

Defendant objected to the alleged consent given by the lady who opened the door and let the police in. That was essentially a moot argument because, once the police were inside, he said he owned the place, and he consented and cooperated with the police. All this happened before the officers saw any evidence of crime. “Mr. Lucas's consent to the officers' presence and search was sufficient to dissipate any taint caused by an illegal initial entry. See U.S. v. Jarvi, 537 F.3d 1256, 1260 (10th Cir. 2008).” United States v. Lucas, 2012 U.S. App. LEXIS 7746 (10th Cir. April 17, 2012).*

The state showed that the inventory search of defendant’s car was necessary to log the valuables, and defendant did not show that it was in bad faith, so he does not prevail. Boykin v. State, 2012 Ark. App. 274 (April 18, 2012).* [Note: Is the court shifting the burden of proof here? Should the state bare the burden of good faith inventory searches since they always carry the burden?]

ANCHORAGE, Alaska (AP) -- The man suspected of kidnapping an 18-year-old Anchorage barista killed her less than a day after her abduction and then used her cell phone and debit card to demand and obtain ransom money, a federal prosecutor said....

CLEVELAND (AP) -- Sixteen Amish men and women face arraignment Thursday in federal court on charges involved in beard- and hair-cutting attacks against fellow Amish in Ohio....

CLEVELAND (AP) -- Sixteen Amish men and women face arraignment Thursday in federal court on charges involved in beard- and hair-cutting attacks against fellow Amish in Ohio....

CLEVELAND (AP) -- Sixteen Amish men and women face arraignment Thursday in federal court on charges involved in beard- and hair-cutting attacks against fellow Amish in Ohio....

FALLBROOK, Calif. — Authorities have determined that a body found near a Southern California lake is that of Brittany Dawn Killgore, a Marine's wife whose disappearance has led to the arrest of another woman on suspicion of murder.

Neighbors were stunned Wednesday when coroner investigators announced that it was the ...

CLEVELAND — Sixteen Amish men and women face arraignment Thursday in federal court on charges involved in beard- and hair-cutting attacks against fellow Amish in Ohio.

An updated indictment filed last month added new allegations that the suspects tried to hide or destroy evidence, including a disposable camera, shears and ...

LOS ANGELES (AP) -- Dick Clark married music and television long before "American Idol." But his legacy extends well beyond the persona of the laid-back host of "American Bandstand" whose influence can still be seen on TV today....

LOS ANGELES (AP) -- Dick Clark married music and television long before "American Idol." But his legacy extends well beyond the persona of the laid-back host of "American Bandstand" whose influence can still be seen on TV today....

LOS ANGELES (AP) -- Dick Clark married music and television long before "American Idol." But his legacy extends well beyond the persona of the laid-back host of "American Bandstand" whose influence can still be seen on TV today....

LOS ANGELES (AP) -- Dick Clark married music and television long before "American Idol." But his legacy extends well beyond the persona of the laid-back host of "American Bandstand" whose influence can still be seen on TV today....

WASHINGTON (AP) -- The Secret Service is moving quickly to quell a prostitution scandal that has given President Barack Obama's critics political ammunition, forcing three agents out of government less than a week after the embarrassing incident came to light. Lawmakers welcomed the move but said more needed to be done....

LOS ANGELES (AP) -- Dick Clark stood as an avatar of rock `n' roll virtually from its birth and, until his death Wednesday at age 82, as a cultural touchstone for boomers and their grandkids alike....

WASHINGTON (AP) -- Stanley R. Resor, who served two presidents as secretary of the Army for six years during the height of the Vietnam War and represented the U.S. during force reduction negotiations in the mid-1970s, has died. He was 94....

SPRING, Texas (AP) -- Verna McClain told her fiance she had given birth to their child. But after she suffered a miscarriage, authorities said, she went looking for another baby to present to him....

LOS ANGELES (AP) -- Dick Clark stood as an avatar of rock `n' roll virtually from its birth and, until his death Wednesday at age 82, as a cultural touchstone for boomers and their grandkids alike....