State v. Werner

OPINION

FRANCHINI, Justice.

We granted certiorari to consider whether petitioner Werner’s detention was a de facto illegal arrest without probable cause or a reasonable investigatory detention. The trial court granted Werner’s motion to suppress evidence obtained during Werner’s detention, finding that the detention was a de facto arrest, and the Court of Appeals reversed. We now reverse the Court of Appeals and affirm the order of the trial court.

As noted by the Court of Appeals, probable cause is not an issue in this appeal since the State stipulated below that probable cause was absent.…