June 25, 2019

Colorado Supreme Court: Trial Court Erred in Suppressing Statements; Failed to Consider and Properly Apply Totality of Circumstances Factors

The Colorado Supreme Court issued its opinion in People v. Pittman on September 10, 2012.

Suppression—Miranda—Custodial Interrogation—Totality of the Circumstances.

The Supreme Court reversed the trial court’s order suppressing statements made by Dianeth Pittman in response to police interrogation without a Miranda advisement. Specifically, the trial court failed to consider and properly apply the totality of the circumstances factors and make proper findings regarding those factors as required by People v. Thiret, 685 P.2d 193, 203 (Colo. 1984), and People v. Algien, 180 Colo. 1, 7, 501 P.2d 468, 471 (1972). Accordingly, the trial court erred by suppressing Pittman’s statements.

Summary and full case available here.

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