Jeron Deangelo Neal v. State
03-14-00155-CR
| Tex. App. | Jan 15, 2015Background
- Defendant Jeron DeAngelo Neal was arrested Sept. 28, 2012 and later convicted of aggravated robbery with a deadly weapon; sentenced to 22½ years.
- Victim/witnesses and bar surveillance said the robber fled in a black SUV after taking a purse; Target surveillance showed a black SUV leaving.
- Police later responded to a disturbance call from Neal’s mother, located Neal asleep in a black Ford Explorer; officer tapped window, Neal woke, appeared nervous, attempted to start vehicle, and was removed.
- Officer observed a hand-rolled cigarette fall from Neal, smelled marijuana, frisked him, handcuffed him, and placed him in a patrol unit; Neal was arrested (possession of marijuana and alleged outstanding warrants) and jailed, where a search revealed credit cards bearing the victim’s name.
- Trial court granted suppression of vehicle evidence but denied suppression of evidence seized from Neal’s person; Neal appeals the denial, arguing lack of probable cause for the arrest and that the person-search evidence was therefore tainted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for Neal’s arrest | Officer lacked credible, consistent facts (no confirmed warrant, conflicting witness descriptions, uncertain marijuana observation); therefore arrest was unlawful | Officer relied on CAD/witness info and smelled/observed marijuana, supporting arrest | Appellant argues trial court erred in denying suppression; brief asks reversal (appeal pending in this brief) |
| Admissibility of items seized from Neal’s person/jail search | Items (credit cards) were fruit of unlawful arrest and must be suppressed under exclusionary rule | State contends arrest/search lawful so seized items admissible at trial | Appellant contends trial court wrongly admitted the items; seeks suppression and reversal |
Key Cases Cited
- Wong Sun v. United States, 371 U.S. 471 (1963) (evidence obtained from unlawful search/arrest is subject to exclusion as fruit of the poisonous tree)
- Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920) (evidence illegally obtained cannot be used at all)
- Weeks v. United States, 232 U.S. 383 (1914) (foundation of exclusionary rule for federal prosecutions)
- Neal v. State, 256 S.W.3d 264 (Tex. Crim. App. 2008) (probable cause inquiry standard cited)