Court of Criminal Appeals of Texas

The State of Texas v. Michael Harvey Sheppard, Appellee

December 10, 20082008 Tex. Crim. App. LEXIS 1506

Summary

The Court reversed the appellate court and remanded, holding that handcuffing a temporarily detained suspect does not equal a Fourth Amendment arrest and that Deputy Smith’s frisk, detention, and subsequent consent search were reasonable; the trial court’s legal conclusions were erroneous and the appellate court improperly speculated about credibility. Justice Meyers dissented, arguing the majority overreached and that the State’s reliance on Article 15.22 was misplaced.