July 16, 2019

Colorado Supreme Court: Defendant Was Not Subject of Custodial Interrogation When Questioned so No Miranda Warning Required

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

Criminal Law—Fifth Amendment—Suppression of Evidence and Statements—Custodial Interrogation—Miranda Advisement.

In this interlocutory appeal, the Supreme Court considered whether the trial court erred in suppressing evidence and statements made by defendant to law enforcement officers. The district court concluded that officers were required to administer a Miranda warning to defendant before a sidewalk interrogation made pursuant to a traffic stop, and that their failure to do so required suppression of defendant’s statements and evidence as products of an illegal interrogation.

The Court reversed the suppression order of the district court. Defendant was not subject to custodial interrogation when he made the statements in question, so a Miranda warning was not required.

Summary and full case available here.

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