State v. Werner

OPINION

PICKARD, Judge.

The state appeals the grant of a suppression motion. The motion was granted on the basis of the trial court’s finding that the detention to which defendant was subjected was a de facto arrest without probable cause. We disagree and hold that defendant was the subject of an investigatory detention for which there was ample reasonable suspicion.

We note at the outset that probable cause is not an issue in this appeal. The state stipulated below that probable cause was absent, and it does not contend on appeal that there was probable cause for an arrest. As observed in State…