Court of Criminal Appeals of Texas

Tommy Ray Burkes, Appellant v. the State of Texas, Appellee

November 20, 19911991 Tex. Crim. App. LEXIS 247

Summary

The Court of Criminal Appeals held that handcuffing Tommy Ray Burkes and ordering him to lie on the ground constituted an arrest, not a Terry investigatory stop, under Texas law and the Fourth Amendment. Because the arrest was proper, the Court remanded the case to the Court of Appeals to determine whether probable cause existed for the arrest and to proceed with further proceedings.