Once that exigency ended, the deputies needed to obtain a warrant or satisfy some other exception to the warrant requirement before they could search Mr. Mulato’s house. See United States v. Santa, 236 F.3d 662, 676 (11th Cir. 2000) (stating that a consent search can be constitutional despite an illegal entry). This they did not do.

Second, the court must determine whether the consent, even if voluntary, requires exclusion of the evidence found during the search because it was the ‘fruit of the poisonous tree.'” United States v. Delancy, 502 F.3d 1297, 1308 (11th Cir. 2007) (citing United States v. Santa, 236 F.3d 662, 676-77 (11th Cir. 2000)). The parties skip over the first step, but the “two step approach is mandatory, and the government bears the burden on both issues.”