May 20, 2019

Colorado Supreme Court: Interactions Between Police and Defendant Non-Custodial for Miranda Purposes

The Colorado Supreme Court issued its opinion in People v. Garcia on Monday, December 11, 2017.

Miranda Warnings.

In this interlocutory appeal, the Colorado Supreme Court held that the interactions between law enforcement officers and defendant inside her home and in her front yard did not constitute custody for Miranda purposes. Under the totality of the circumstances, the court concluded that a reasonable person in defendant’s position would not have believed her freedom of action had been curtailed to a degree associated with formal arrest. Therefore, the court reversed the trial court’s suppression order.

Summary provided courtesy of Colorado Lawyer.

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