Richard Cruz v. State, 05-14-00144-CR

Officer Ian Purdue stopped Richard Cruz for a turn-signal traffic violation and asked both front-seat occupants to identify themselves.
An NCIC check revealed outstanding Mesquite warrants for the passenger (Christopher); Purdue initiated confirmation and requested backup.
While waiting, Purdue asked Cruz about contraband; Cruz denied drugs but equivocated about a gun, which Purdue found suspicious.
As the passenger exited, he dropped a cell phone; Purdue bent to pick it up with the passenger door open and observed a pistol butt protruding under the front passenger seat, plus marijuana seeds/stems and smelled marijuana.
After removing a child from the back seat, Purdue searched the vehicle (no consent, not an inventory) and found a gun, loose marijuana, and a small baggie of suspected cocaine in a magnetic hide-away under the driver’s seat.
Cruz moved to suppress all evidence; the trial court found the firearm and marijuana were in plain view and denied suppression. Cruz pleaded guilty and appealed the suppression ruling; the court of appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the pistol and marijuana were in "plain view" such that observation/seizure was lawful	Cruz: Officer had to look under the seat; therefore the butt was not in plain view and the observation violated the Fourth Amendment	State: Passenger door was open; officer lawfully bent down and observed contraband from a lawful vantage	Court: Officer lawfully viewed items from outside the vehicle; butt, marijuana, and seeds were in plain view
Whether discovery of items in plain view justified a warrantless full-vehicle search	Cruz: Even if plain view applied, officer could not search entire vehicle without exigency or warrant	State: Smell of marijuana and visible marijuana provided probable cause under the automobile exception to search entire vehicle	Court: Smell and visible marijuana provided probable cause; automobile exception permitted full search, including hide-away under driver’s seat

Mincey v. Arizona, 437 U.S. 385 (warrantless searches presumptively unreasonable)
Katz v. United States, 389 U.S. 347 (Fourth Amendment and expectations of privacy)
Rakas v. Illinois, 439 U.S. 128 (standing/expectation of privacy)
Minnesota v. Carter, 525 U.S. 83 (legitimate expectation of privacy)
Horton v. California, 496 U.S. 128 (plain view doctrine)
Texas v. Brown, 460 U.S. 730 (viewing inside vehicle from lawful vantage)
Pennsylvania v. Labron, 518 U.S. 938 (automobile exception)
Arizona v. Gant, 556 U.S. 332 (limits and scope of vehicle searches)
United States v. Ross, 456 U.S. 798 (search scope when probable cause exists)
Keehn v. State, 279 S.W.3d 330 (plain view seizure elements)