Lino is not is no a resident of the house
So by saying "whatever" to the officers, and moving out of the way
Does that give them consent to go into the home?

I'm writing to defend Lino's case.
If anyone has some great points they can bring up in his defense, I can pay some fgs.

I can write about them having the wrong address, trespassing by going around the back to peek.
But these arguments will be shot down by "good faith".

1 - The dispatcher made a mistake.
2 - The cops entered the house due to gunshot (okay), but dispatcher made a mistake (therefore definitely under the law Lino and Molly will qualify for illegal search and seziure and will be compensated for damages and violations of their rights).
3 - The officers turn the scene into a Soap Opera (definitely not okay) - Lino and Molly will sue the city/state for millions and win!
4 - The soap Opera turns even more retarded once Lino and Molly are taken into custody and totally idiotic at the polices station! The mayor, chief of police, and the state governor will have to resign after the press gets a hold of this fiasco.

Ignorance is no reason to break the law -- this works both ways! If the police show up to the "wrong house", then force their way in which is the correct process (gunshot - someone could be dying), then they are still breaking the law out of ignorance (wrong house).

Hope that helps.

On 1 & 2, they will shoot it down with the "Good faith exception"


GOOD FAITH EXCEPTION TO EXCLUSIONARY RULE
An exception to the exclusionary rule barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible.

Well "Good Faith.." must be fairly recent. Is it a federal rule? ugh... pretty slippery slope imo.

Anyhow, there is always the soap opera, doesn't look like Miranda rights were read prior to the arrests, nor legal resources provided when asked. Besides that there is not a whole lot Lino and Molly can do, unless they are rich and can afford a real lawyer who can make things go away by the wave of a magic wand, political contributions, or dig up dirt and ruin careers of the prosecution.

I agree on the soap opera and not providing them when asked for an attorney
Maybe I'll write about their right to counsel was not provided
and for the Miranda rights, they didn't have to read it to them until BOTH custody and interrogation happened. (which is the police station).