Fitzgerald v. State

I cannot support this court’s independent determination that Fitzgerald voluntarily accompanied the four officers to the police station. He contends that the initial contact constituted an arrest without probable cause. The State concedes that there was no probable cause for arrest but justifies the detention as one for investigative purposes.1 Most importantly, the record reflects that the trial judge did not consider the question of whether Fitzgerald voluntarily accompanied the officers. He found only that the inculpatory statements were voluntarily made. Notwithstanding this omission,…