Tyler, Texas. Constable Mark Waters, a licensed Texas Peace Officer, assisted in the operation under the supervision of the sheriff's department. Pre-drug-buy-bust operation briefing revealed the suspect to be Donald Ray Johnson. Further briefing revealed that a black female was suspected of being involved in the illegal drug activity and noted that 4513 Edinburgh was the residence of Johnson's girlfriend. At the time of the drug-buy-bust, Johnson changed the location of the transaction and directed a confidential source and undercover police officer to the residence at 4513 Edinburgh, which had been earlier identified in the briefing as the suspect's girlfriend's house. When the confidential informant and Undercover Officer Suell arrived at the new location, an unanticipated suspect, later identified as Edward C. Neal, was also at the residencewith suspect Donald Johnson. The drug-buy-bust involved the sale of 12 ounces of crack cocaine for $5,000.00. The arrest and apprehension of Edward Neal and Donald Johnson occurred in the front yard/driveway area of the residence.
During the operation, Constable Waters was assigned to protect the front entrance of the house. Immediately after the two suspects were arrested in the front yard, Constable Waters entered the residence and conducted a "protective sweep" of the house. Constable Waters testified that he had observed a small child standing between him and an open front door, and that he believed that a suspect or suspects had possibly fled back into the house. Upon entering the residence, Constable Waters announced "POLICE." He entered a hallway and proceeded to a doorway of a bedroom