March 20, 2019

Colorado Supreme Court: People v. Holt

on June 21, 2010.

Custodial Interrogation—Miranda.

The Supreme Court held that the police violated defendant’s Miranda rights when they subjected him to custodial interrogation without advising him of his rights. Under the totality of the circumstances, defendant was in custody during interrogation. The police used a degree of force typically associated with arrest when they entered defendant’s apartment with their weapons drawn and handcuffed him. Defendant was handcuffed when he consented to being questioned. He was removed from the apartment, isolated from his fiancée, and interrogated inside a police vehicle for twenty-five minutes. None of the officers told defendant that he was free to leave or that he could refuse to answer questions. Defendant had every reason to believe he would be arrested following interrogation. The Court therefore held that defendant’s incriminating statements were obtained in violation of his Miranda rights and affirmed the trial court’s order to suppress the defendant’s statements.

Summary and full case available here.

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