BALDWIN v. STATE

No. PD-1630-07.

278 S.W.3d 367 (2009)

Jeremy Wayne BALDWIN, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 11, 2009.


Attorney(s) appearing for the Case

Jesus Vargas, San Antonio, for Appellant.

Eric Kugler, Assistant District Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for State.


KELLER, PJ., delivered the opinion of the unanimous court.

The question here is whether an officer exceeded his authority during a suspect's detention. After asking the handcuffed suspect where his identification was located, the officer reached into the suspect's pocket to retrieve his wallet. We hold that the officer did exceed his authority, and we reverse the judgments of the courts below.

I. BACKGROUND

A. The Incident

The trial court...

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