In the case of Turner v. Arkansas, 1971, the United States Supreme Court was asked to consider whether a conviction for robbery could be upheld when it was based on evidence obtained through an illegal search and seizure. The appellant, Turner, argued that his Fourth Amendment rights had been violated when police officers entered his home without a warrant and seized items linked to the crime. However, the Supreme Court declined to review this argument because it had not been properly presented in lower courts. Instead of addressing Turner's constitutional claim directly, they remanded the case back to state court for further proceedings consistent with their opinion.

The dissenting opinion in the Turner v. Arkansas case argued that the majority's decision to uphold Turner's conviction was flawed due to a lack of consideration for his constitutional rights. The dissenters believed that there were significant issues with how evidence was obtained and used against Turner, particularly regarding an alleged confession he made while under police custody without legal representation present. They contended this violated his Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel, as established by Miranda v. Arizona (1966). Furthermore, they disagreed with the majority’s view on eyewitness identification procedures used in this case which they considered suggestive and unreliable, potentially infringing upon Turner’s Fourteenth Amendment right to due process. In their view, these factors raised reasonable doubt about the fairness of his trial and thus should have led to a reversal of his conviction.