W.D.Mo.: The occupant’s stepping back from the door and opening it showed consent to enter to look for def

Officers could conclude that the occupant consented to entry when the police knocked and they said they were looking for somebody inside, and she backed away and opened the door more. United States v. McDaniel, 2017 U.S. Dist. LEXIS 25372 (W.D. Mo. Jan. 19, 2017), adopted, 2017 U.S. Dist. LEXIS 24426 (W.D. Mo. Feb. 22, 2017).

A 911 call about a shooting came in, and a state trooper in plainclothes on the fugitive squad happened to be nearby. He was on the lookout for suspects. It was late at night. He saw defendant hop in a vehicle which took off without waiting for him to close the door. He ran the LPN and it came back to an owner with history of violence. He followed for a few miles as the vehicle seemed to be on a serpentine path, and then heard that the shooting victim was dead. He then pulled the car over, and the driver and occupant got out with their hands in their pockets. A frisk was reasonable. Commonwealth v. Mendez, 476 Mass. 512, 518-19 (Feb. 22, 2017).

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