May 21, 2019

Colorado Supreme Court: Defendant’s Request for Lawyer was Ambiguous so Statements Admissible

The Colorado Supreme Court issued its opinion in People v. Kutlak on Monday, January 11, 2016.

Criminal Law—Fifth Amendment Right to Counsel—Invoking the Right to Counsel—Suppression of Statements.

The Supreme Court clarified that in determining whether a suspect in custody has made an unambiguous request for counsel, the proper standard under Davis v. United States, 512 U.S. 452, 459 (1994), is whether “a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.” Applying this standard, the Court held that, under the totality of the circumstances, defendant did not unambiguously and unequivocally invoke his right to counsel. Because defendant did not invoke his right to counsel, and because he otherwise validly waived his Miranda rights before making incriminating statements, his statements should not have been suppressed.

Summary and full case available here, courtesy of The Colorado Lawyer.

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