Effler v. State

In Effler v. State, 115 S.W.3d 696 (Tex.App.--Eastland 2003, pet. ref'd), the police, without a warrant, went to a trailer house in response to a report of unusual odors emanating from the trailer. Upon arriving at the trailer the officers detected odors which they identified as a type commonly present during the manufacture of methamphetamine. As the officers walked toward the trailer house, they heard the sound of someone running inside the trailer. A guest in the trailer house responded to the officers' appearance at the door. In response to the officers' request to enter the trailer, the guest indicated that he would seek permission for them to enter. The guest then turned and ran into the trailer. The officers followed and apprehended Effler as he was attempting to pour the contents of two one-gallon jugs down a sink. The officers also observed plastic bags containing an off-white substance. The trial court refused to suppress the evidence based on Effler's claim that the warrantless entry into his trailer was illegal. Relying on McNairy v. State, 835 S.W.2d 101 (Tex.Crim.App. 1991), the court of appeals affirmed based on the trial court's determination that: (1) at the time of entry into the trailer, the officers had probable cause to believe that a search would yield evidence of a crime or the instrumentality of a crime; (2) exigent circumstances existed which permitted a warrantless entry into Effler's home. Effler, 115 S.W.3d at 698-99.