Elrod v. State, 533 S.W.3d 52

Officer Brody Brown stopped Elrod’s pickup after observing traffic violations (no front license plate and a defective license-plate light) during a lawful traffic stop.
Brown smelled alcohol on Elrod, observed red eyes, and administered field sobriety tests; Brown concluded Elrod was not intoxicated.
During questioning about drinking, Elrod admitted he had been drinking and said there was “probably one in a trash bag,” referring to an open container in the truck.
Brown searched the vehicle without a warrant, found a beer bottle, observed a marijuana pipe in plain view, then located two baggies of marijuana. Elrod was arrested for possession of less than two ounces of marijuana.
Elrod moved to suppress the evidence, arguing the warrantless vehicle search lacked probable cause; the trial court denied the motion, and Elrod pled guilty but reserved the right to appeal the suppression ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrantless search of the vehicle was supported by probable cause	Elrod: his statement that there was "probably one in a trash bag" was not sufficient to establish probable cause to search for an open container or contraband	State: odor of alcohol plus Elrod’s admission of an open container gave reasonably trustworthy information to search; discovery of a marijuana pipe and Elrod’s admission of marijuana provided further probable cause	Court: Affirmed — totality (odor + admission) supplied probable cause to search for open container; plain-view pipe and admission supported continued search for marijuana

Chambers v. Maroney, 399 U.S. 42 (automobile exception allows warrantless vehicle searches when probable cause exists and vehicle is readily movable)
United States v. Ross, 456 U.S. 798 (permissible warrantless vehicle searches may extend to any area where sought item may be hidden)
State v. Stevenson, 321 P.3d 754 (Kan. 2014) (search held unlawful where officers failed to obtain additional inculpatory facts before searching)
Harper v. State, 349 S.W.3d 188 (Tex. App.—Amarillo 2011) (odor of alcohol plus passenger’s statement about an open container supported probable cause to search)
Carter v. State, 775 S.W.2d 780 (Tex. App.—Houston [1st Dist.] 1989) (officer’s observation of alcohol plus odor supported probable cause)
McGee v. State, 105 S.W.3d 609 (probable cause requires reasonably trustworthy information to warrant belief a crime is being committed)