February 18, 2019

Colorado Supreme Court: Juvenile’s Miranda Waiver Sufficiently Reliable Under Totality of Circumstances

The Colorado Supreme Court issued its opinion in People v. Barrios on Monday, January 28, 2019.

Juvenile—Miranda—Advisement Waiver.

In this case, the supreme court considered whether a juvenile’s Miranda advisement waiver was reliable under the totality of the circumstances. The court held that the police detective complied with the provisions of the juvenile Miranda waiver statute, C.R.S. § 19-2-511, and that the concerns identified by the trial court do not undermine the reliability of the waiver. Because both the juvenile and his legal guardian were fully advised of all the juvenile’s rights and the juvenile issued a reliable waiver, his statements to police should not be suppressed. Accordingly, the trial court’s order suppressing the juvenile’s statements was reversed.

Summary provided courtesy of Colorado Lawyer.

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