Bartlett v. State

In Bartlett v. State, 249 S.W.3d 658 (Tex. App.--Austin 2008, pet. ref'd), following a country music concert at a motorcycle rally, two different groups got into a fight, and the complainant was struck and required medical attention. When officers arrived, tensions were high, and witnesses identified Bartlett as the person who had punched the female complainant in the mouth. The officer who eventually interviewed Bartlett told both Bartlett and his friends that Bartlett would not be arrested that night but (citing officer safety and in light of the tense situation that existed between the two rival groups), the officer handcuffed Bartlett and drove him in a police car to a barn or building on the complex, but away from the crowds (about 2,000 yards away, see id. at 665). There he removed Bartlett's handcuffs and told him he just wanted his side of the story. Bartlett gave a written statement, which was later admitted at trial. True to his word, the officer returned Bartlett to his group, and the officers made no arrests at that time. Later, Bartlett was charged with assault. See id. The Austin Court of Appeals in Bartlett held that the officer conducted an investigative detention. Bartlett was neither in custody nor under arrest at the time he gave his statement. Id. at 671.