June 16, 2019

Colorado Supreme Court: Hospital Bed Interrogation Determined To Be Non-Custodial so Suppression Not Warranted

The Colorado Supreme Court issued its opinion in People v. Theander on Monday, February 25, 2013.

Custodial Interrogation—Involuntary Statement—Hospital Bed Interrogation—Fifth Amendment.

The Supreme Court reversed the district court’s order suppressing the statements defendant made to police while being interrogated at the hospital following her suicide attempt. The Court held that the hospital bed interrogation was not custodial because (1) the police officers did not restrain defendant; (2) they conducted the interview in a polite and non-confrontational manner; (3) they repeatedly informed defendant that she was not in custody and was welcome to speak with a lawyer; and (4) they terminated the interview minutes after defendant told them she wanted to end it. The Court further held that defendant’s statements were made voluntarily because there was no showing that coercive police conduct played a significant role in inducing defendant’s statements.

Summary and full case available here.

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