The government bore the burden of proof on consent to search defendant\u2019s house, and it failed. While the officers were otherwise credible, the discrepancies in their versions was too much to tolerate when a search of the home is an issue. United States v. Starks, 2013 U.S. Dist. LEXIS 4985 (N.D. Okla. January 14, 2013)*:<\/p>\n
While discrepancies in the testimony of the officers could be the result of the passage of time (here, more than one year), where the government bears the burden of proof, and the discrepancies are material to the issue of consent, the Court should not turn a blind eye to even minor discrepancies.\u00b2<\/p>\n
2 The Court does not find that any officer was not credible or that an officer intentionally falsified testimony or otherwise was intentionally deceptive. Instead, the discrepancies in the officers’ testimonies, when balanced with other credibility findings, are especially important where, as here, the government bears the burden.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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