PAXTON v. State

Appellants were charged by affidavit with the crimes of theft and second degree burglary. Trial before a jury resulted in a verdict of guilty and sentence was pronounced thereon. On this appeal, appellants question the validity of a search conducted by police officers incident to a purported arrest on a charge of reckless driving. The essential question on this appeal relates to the propriety of the *266trial court’s overruling appellants’ motion to suppress the evidence discovered as a result of that search.

Briefly the facts and circumstances surrounding the arrest of appellants are as follows:…