United States v. Turner, 125 F.4th 693

In January 2021, San Antonio police responded to two calls reporting gunshots at an apartment complex and evidence a bullet had penetrated a neighbor's apartment wall.
Officers identified Jonte Turner as the resident of the suspected apartment (#2204) and, after he denied them entry, entered without a warrant to conduct a protective sweep, citing potential danger to residents and officers.
During the sweep, multiple firearms, magazines, and a bullet hole were found in plain view; after this, officers obtained and executed a search warrant, seizing firearms, magazines, and marijuana.
Turner moved to suppress the evidence, arguing the search and later warrant violated the Fourth Amendment, and also challenged the truthfulness and basis of the warrant affidavit.
The district court denied Turner's motions to suppress, finding exigent circumstances and probable cause, and Turner appealed, preserving his suppression arguments after pleading guilty to federal firearm and drug offenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Warrantless Entry & Protective Sweep	Exigent circumstances justified entry and sweep.	No valid exigency; officers lacked cause to enter.	Entry and sweep lawful due to exigency and probable cause.
Scope of Protective Sweep	Limited to places a person could be; evidence in plain view.	Sweep exceeded lawful scope.	Sweep was properly limited in scope and duration.
Validity of Search Warrant	Affidavit provided probable cause and relied on sweep evidence.	Affidavit relied on misleading/false statements and unlawfully obtained evidence.	Good-faith exception applies; affidavit showed probable cause.
Use of Evidence from Initial (Allegedly Unlawful) Search	Evidence lawful or, even if not, subjective good-faith exception applies.	Evidence is 'fruit of the poisonous tree'.	Evidence admissible; search close to line of validity and officers acted in good faith.

Kyllo v. United States, 533 U.S. 27 (Fourth Amendment protects privacy of the home from warrantless searches)
Kentucky v. King, 563 U.S. 452 (Warrant requirement is subject to exceptions for exigent circumstances)
Brigham City v. Stuart, 547 U.S. 398 (Reasonableness is the ultimate touchstone of Fourth Amendment analysis)
Franks v. Delaware, 438 U.S. 154 (Suppression warranted if warrant affidavit contains deliberately or recklessly false statements)
Illinois v. Gates, 462 U.S. 213 (Totality of the circumstances standard for probable cause)
Weeks v. United States, 232 U.S. 383 (Fourth Amendment core purpose is to protect sanctity of the home)
Maryland v. Buie, 494 U.S. 325 (Protective sweeps are permissible if limited in scope and justified by safety concerns)
United States v. Leon, 468 U.S. 897 (Good-faith exception to exclusionary rule for reasonable officer reliance on a warrant)
Tamez v. City of San Marcos, 118 F.3d 1085 (Exigent circumstances for protective sweep after shots-fired call)