People v. Gouker

KELLY, Judge.

The defendant was convicted by a jury of second degree kidnapping and third degree assault. He seeks reversal on the grounds that the trial court erred in finding probable cause to support his arrest and in failing to suppress the following evidence: (1) identification testimony based on a photograph of him taken after the arrest, (2) statements made immediately following his arrest, and (3) a t-shirt identified by the victim as being like the one worn by her assailant. We reverse and remand for a new trial.

The victim was a six-year-old girl who was awakened at approximately 3:30…