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Court of Criminal Appeals of Texas· 12/10/2008

State v. Sheppard

Citations

  • 271 S.W.3d 281
  • 2008 Tex. Crim. App. LEXIS 1506
  • 2008 WL 5169565

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that officer’s brief handcuffing of suspect in order to conduct search of trailer for another suspect was investigative detention and not Fourth Amendment arrest
  • concluding that handcuffing appellant was reasonable during an investigative detention after appellant had just threatened another person with a large knife, and the officer testified he needed to check the residence for officer safety
  • holding that trial court erred by granting motion to suppress when the objective facts supported the legal conclusion that the deputy’s actions in temporarily handcuffing appellee while making a quick inspection of the house was reasonable under the Fourth Amendment
  • explaining that the use of handcuffs does not automatically convert a temporary detention into a Fourth Amendment arrest
  • explaining that the use of handcuffs does not automatically convert a temporary detention into a Fourth Amendment arrest
  • explaining that temporary detention, in which person is not free to leave while police officer investigates whether crime has been committed, is not custodial arrest

Source: CourtListener parenthetical corpus (CC0).

Judges: Cochran, Price, Womack, Johnson, Keasler, Hervey, Holcomb, Keller, Meyers

Read full opinion on CourtListener

Cited by

213 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. Sheppard

91 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.