State v. Turner, 880 N.W.2d 403

Turner was convicted of methamphetamine possession, drug paraphernalia, and marijuana after a bench trial following denials of suppression motions.
Investigators investigated a hotline report of possible drug use in front of Turner’s minor children at a Grand Island, Nebraska address.
Investigators conducted a knock-and-talk at the upstairs apartment; Turner and Bond allegedly invited them inside, leading to a later consent to search.
A backpack found in the living room contained a meth pipe, marijuana, and methamphetamine residue; Bond later provided additional drug items.
Consent to search the apartment was obtained after discussion among officers and Turner and Bond, with Turner contesting and Bond urging agreement; officers obtained signed consent-to-search forms.
Drugs, paraphernalia, and related items were seized; Turner moved to suppress, arguing unlawful entry and coerced consent, but the district court denied suppression and Turner was ultimately convicted on all counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the initial entry to the stairway and apartment violated the Fourth Amendment	Turner argues unlawful entry and extended seizure occurred	State contends knock-and-talk and consent cured any illegality	Entry deemed lawful; no violation or unlawful seizure found
Whether consent to search was voluntary given joint occupancy	Turner claims Bond coerced or overbore his will	Bond’s consent plus Turner’s assent were valid; officers not coercive	Bond’s consent voluntary; Turner’s was not overborne; consent to search upheld
Attenuation between any initial illegality and consent to search	Prolonged stay prior to consent unconstitutional attenuation	Attenuation exists; lawful consent independent of prior entry	No attenuation needed; majority of entry lawful; suppression not required
Whether Turner’s pre-warning statements were custodial interrogation requiring Miranda	Pre-Miranda statements should be suppressed	No custodial interrogation; warnings given timely	No custodial interrogation; Miranda warnings properly given; statements admitted

Florida v. Jardines, 133 S. Ct. 1409 (U.S. 2013) (porch/curtilage privacy analogy; testing limits of entry to knock)
Kentucky v. King, 563 U.S. 452 (U.S. 2011) (knock-and-talk permissible without warrant )
Illinois v. McArthur, 531 U.S. 326 (U.S. 2001) (temporary detention to obtain warrant permissible with probable cause)
Randolph, 547 U.S. 103 (U.S. 2006) (co-occupant consent limitations for shared premises)
Fernandez v. California, 134 S. Ct. 1126 (U.S. 2014) (extends occupancy consent considerations for objecting occupant)
Tucker, 262 Neb. 940 (Neb. 2001) (consent must be freely given; repeated questioning not coercive)
Gorup, 279 Neb. 841 (Neb. 2010) (attenuation doctrine in illegal entry followed by consent)
Resler, 209 Neb. 249 (Neb. 1981) (home entry requires warrant or consent absent exigent circumstances)
Ortiz, 600 N.W.2d 805 (Neb. 1999) (porch/staircase privacy considerations in entry analyses)
Ready, 252 Neb. 816 (Neb. 1997) (totality-of-circumstances test for voluntariness of consent)
Prahin, 455 N.W.2d 554 (Neb. 1990) (coercion considerations in assessing voluntariness)
State v. Wells, 290 Neb. 186 (Neb. 2015) (two-part standard for reviewing suppression rulings)