August 17, 2018

Colorado Supreme Court: Defendant’s Statements Admissible Under Two-Part Seibert Test

The Colorado Supreme Court issued its opinion in Verigan v. People on Monday, June 11, 2018.

Suppression of Statements—Two-Step Interrogation—Plurality Supreme Court Opinions—Miranda Warnings.

This case required the supreme court to decide (1) whether the U.S. Supreme Court’s fractured opinion in Missouri v. Seibert, 542 U.S. 600 (2004), created a precedential rule that could be applied to future cases, and (2) whether statements made by petitioner after she was given Miranda warnings should be suppressed because the statements were made after petitioner provided unwarned, incriminating statements to the police.

The court concluded that Justice Kennedy’s concurring opinion in Seibert, which created an exception to the framework established in Oregon v. Elstad, 470 U.S. 298 (1985), for cases involving a deliberate two-step interrogation aimed at undermining the efficiency of the Miranda warning, is the controlling precedent to be applied. Applying Justice Kennedy’s test here, the court concluded that the officers in this case did not engage in a two-step interrogation in a deliberate attempt to undermine the effectiveness of Miranda warnings provided to petitioner. Therefore, the court concluded that the Elstad framework applies, and because petitioner’s pre- and post-warning statements were indisputably voluntary, the court concluded that the division correctly determined that petitioner’s post-warning statements were admissible.

Accordingly, the court affirmed the court of appeals division’s judgment.

Summary provided courtesy of Colorado Lawyer.

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