Arrest

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit) and R.I.G.L. 1956 § 31-15-11 (laned roadways). The defendant pointed to uncertainty surrounding the circumstances of his arrest and argued that he was placed in custody at Newport hospital. The state argued that the defendant’s arrest took place in the ambulance in Middletown. The Court, maintaining that a person is arrested when a reasonable person would believe that they were not free to leave, credited the testimony of the officer in determining the time of the arrest. The Court held that the defendant was placed under arrest in Middletown because a reasonable person would believe they were not free to leave where the officer performed a field sobriety test prior to the defendant entering the ambulance, read the defendant his rights for use at the scene while in the vehicle, and commenced questioning.  Accordingly, the Court affirmed the decision of the Appeals Panel.
 

Joshua Kolator v. State of Rhode Island A.A. No. 13-016.pdf