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The woman asked to gather her things and change her clothes before leaving. With everyone’s agreement she went upstairs alone. The officers then drove her to a friend’s house.

About 30 minutes later, the woman called police.

Both officers have vague and unclear memories with respect to what was said to or by Mr. Iniguez before they entered his home, and before they searched for the gun

She said she had seen an Uzi in a bedroom inside Iniguez’s home and ammunition magazines in a Goodlife fitness club bag on the left side of the bed in another bedroom.

The two officers were skeptical. After consulting detectives, they decided the circumstances wouldn’t amount to grounds for a judicial search warrant but also didn’t want to ignore a gun report. Without a warrant, the only option was to ask Iniguez to consent to a search of his house.

When the officers returned and knocked on Iniguez’s door, they did not bring a consent form with them, a printed sheet advising a person of their rights that someone signs before police do a consent search. The form says the person has the right to contact a lawyer and the right to refuse the search.

Iniguez was woken by the knocking and answered the door dressed in a T-shirt and underwear.

The account of what happened next differs considerably.

The officers told court they spoke with Iniguez on the porch and inside his foyer. They told him of a report that he had an Uzi in a bedroom. The officers could not recall the specific words of their interaction, court heard, but understood Iniguez gave permission for them to look around.

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He wasn’t told he could refuse the search, or that he could speak with a lawyer about it. Nor was he warned of the potential jeopardy he could face from the search, the officers agreed. It never occurred to them because they didn’t believe they would find a gun and would soon be on their way home.