Jeron Deangelo Neal v. State
03-14-00155-CR
| Tex. App. | Apr 20, 2015Background
- Appellant Jeron Deangelo Neal was arrested Sept. 28, 2012, charged with two counts of aggravated robbery; convicted by jury and sentenced to 22.5 years.
- Early-morning police response followed a 911 call from a woman (the appellant’s mother) reporting her son might be armed, mentally ill, and outside a day-care where she worked.
- Officers located a black SUV at the day-care with a sleeping black male (the appellant) in the driver’s seat; officers approached in uniform and knocked on the window.
- Upon awakening, the appellant “fiddled with the ignition”; an officer observed a hand-rolled cigarette in the appellant’s hand, smelled marijuana when opening the door, and detained/handcuffed the appellant for safety.
- The officer recovered the discarded cigarette, conducted a cursory search of the driver area, found a loaded .38 revolver in the driver-side door panel, arrested the appellant, and later found the robbery victim’s credit cards on his person and in the vehicle.
- At pretrial suppression hearings the trial court admitted the marijuana cigarette, handgun, and credit cards found on the appellant but suppressed some later vehicle-seized items; State appeals denial of suppression relief as to items at issue on appeal.
Issues
| Issue | Plaintiff's Argument (Neal) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Lawfulness of initial detention/stop | Officer lacked sufficient probable cause/warrant to justify arrest/seizures; officer credibility questionable | Dispatcher/mother reported armed, mentally ill subject at day care; officer had reasonable, articulable suspicion to detain under Terry | Trial court credited officer; detention lawful (Terry) |
| Officer’s observation/smell of marijuana as grounds to search vehicle | Officer not shown to have required training/expertise; smell insufficient | Odor and visible hand-rolled cigarette provided probable cause to search vehicle for contraband | Trial court found odor/cigarette provided probable cause; vehicle search lawful |
| Seizure of handgun from driver-area of car | Search exceeded Terry protective scope; later vehicle search hours after arrest improper without warrant | Cursory search of passenger compartment for weapons justified under Michigan v. Long; immediate discovery of gun supported arrest | Trial court concluded Terry/Michigan v. Long justified cursory search; handgun lawfully seized |
| Search incident to arrest and admission of victim’s credit cards | Evidence seized incident to arrest invalid because arrest lacked probable cause | Probable cause existed based on marijuana and gun; search incident to lawful arrest discovered cards | Trial court admitted cards found on person; search-incident-to-arrest lawful |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (police may conduct brief investigatory stops when they have reasonable, articulable suspicion)
- Michigan v. Long, 463 U.S. 1032 (1983) (protective search of passenger compartment limited to areas where weapons may be hidden is permissible when officer reasonably believes suspect dangerous)
- Osbourn v. State, 92 S.W.3d 531 (Tex. Crim. App. 2002) (lay witness may testify to recognizing marijuana odor based on experience)
- State v. Perez, 85 S.W.3d 817 (Tex. Crim. App. 2002) (framework distinguishing encounters, investigative detentions, and arrests)
- Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (bifurcated standard of review for suppression rulings)
- Johnson v. State, 68 S.W.3d 644 (Tex. Crim. App. 2002) (deference to trial court’s fact findings and credibility assessments on suppression issues)