Baldwin v. State

OPINION

COCHRAN, J.,

filed a concurring opinion.

I join the majority opinion although it resolves this case on a basis not specifically raised by the parties. I think that it is important also to address one particular issue presented in appellant’s petition for discretionary review: Was appellant “arrested” without probable cause when Deputy Smith handcuffed him? Given the circumstances in this particular case, I believe that he was “arrested” at the moment he was handcuffed.

I

As the majority notes, Deputy Smith stopped his patrol ear when he saw a man — appellant—who matched the description…