TX9: Officer didn’t smell MJ in car until he unreasonably opened car door; suppression affirmed

“Deferring to the trial court’s findings of fact and viewing the evidence in a light most favorable to the trial court’s ruling, as we must, the trial court could have reasonably concluded from the evidence at the suppression hearing that the Deputy opened Vawter’s car door and entered Vawter’s vehicle without a warrant, without consent, and before he smelled marijuana. We must defer to the trial court on credibility findings, and therefore we conclude that the trial court did not err in granting the motion to suppress. See Marcopoulos, 538 S.W.3d at 599-600; Arguellez, 409 S.W.3d at 662. Accordingly, we overrule the State’s issue and affirm the order of the trial court.” State v. Vawter, 2020 Tex. App. LEXIS 7480 (Tex. App. – Beamount Sept. 16, 2020).