Jason Eugene Deleon v. State, 530 S.W.3d 207

On Sept. 6, 2013, Officer Broyles stopped DeLeon for failing to signal; he smelled fresh marijuana coming from the vehicle.
DeLeon admitted he had smoked marijuana about three hours earlier; while being patted down, he was seen chewing something.
Officer Broyles asked DeLeon to open his mouth; Broyles observed a green wad (gum mixed with suspected marijuana), which DeLeon spit onto the patrol car hood.
Broyles arrested DeLeon for tampering with evidence and possession; DeLeon moved to suppress the seized substance.
At the suppression hearing the only offered evidence was Broyles’s written report (and the court viewed COBAN video not made part of the record); the trial court denied suppression, finding probable cause and no coercion.
DeLeon pleaded guilty with a true enhancement and received four years’ confinement; he appealed the denial of the motion to suppress.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrantless search of DeLeon’s mouth was unreasonable	DeLeon: odor alone cannot justify searching a person’s mouth; no justification for a Terry frisk and no evidence of being armed	State: smell of fresh marijuana, DeLeon’s admission he’d smoked, and observation of chewing gave probable cause; exigent circumstances existed because evidence was being concealed/destroyed	Court: Search was reasonable — probable cause existed and exigent circumstances justified a warrantless search; suppression denial affirmed

Schneckloth v. Bustamonte, 412 U.S. 218 (warrantless searches presumptively unreasonable; limited exceptions)
Katz v. United States, 389 U.S. 347 (Fourth Amendment protections for searches and seizures)
McLain v. State, 337 S.W.3d 268 (Tex. Crim. App. 2011) (bifurcated review of suppression rulings)
Parker v. State, 206 S.W.3d 593 (probable cause standard for searches)
Estrada v. State, 154 S.W.3d 604 (odor of marijuana is a factor in probable cause but not always sufficient to search a home)
State v. Steelman, 93 S.W.3d 102 (odor alone insufficient to search a home/person exiting the home)
Woodward v. State, 668 S.W.2d 337 (probable cause as the laminated total of facts and inferences)
Brinegar v. United States, 338 U.S. 160 (probable cause is a practical, common-sense standard)
Gutierrez v. State, 221 S.W.3d 680 (Tex. Crim. App. 2007) (exigent-circumstances framework for warrantless searches)
Turrubiate v. State, 399 S.W.3d 147 (warrantless search justified only when officer reasonably believes removal/destruction of evidence is imminent)
Mincey v. Arizona, 437 U.S. 385 (exigency exception to the warrant requirement)