State v. Hughes

Because the majority opinion either substitutes its factual determination for that of the trial court or reaches an erroneous legal conclusion that the off-duty police officer had not effected an arrest of the appellee, I must respectfully dissent.

At the hearing, the police officer testified on cross-examination as follows: “A. He said, ‘I’m going to get back in my vehicle and leave.’ And I said, ‘No, sir. You’re not going to do that.’ If that’s an arrest; that’s an arrest. Q. Okay. Fine. So my question is as far as you were concerned he had broken the law; is that right? A. Yes, sir. He had…