In People v. Gayden (4th Dept. 11/13/2009), the police suspected the defendant of participating in a burglary. He was first interviewed at a hospital, where he was being treated for a gunshot wound. He claimed that he was the victim of a robbery. A few weeks later, the police went to his residence and asked him to take them to the scene of the alleged robbery. The defendant agreed to do so and there was no dispute on appeal that this was consensual. Once at the purported crime scene, the "officers then transported defendant to the police station," where the defendant gave incriminating statements.
The Fourth Department concluded that the transportation of the defendant to the police station amounted to a de facto arrest. "[T]he People failed to present any evidence at the suppression hearing on the issue whether defendant, who had no other means of transportation to travel back to his home, in fact consented to accompany the officers to the police station." (LC)
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