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July 27, 2021

eBook details

Title: People v. Loeser
Author : Colorado Court of Appeals
Release Date : January 27, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 47 KB

Description

In this interlocutory appeal filed pursuant to C.A.R. 4.1, the prosecution challenges an order of the Park County District Court suppressing all statements made by Defendant, Jonathan Matheny, to investigators during a videotaped interview with police at the headquarters of the Colorado Springs Police Department. The trial court ruled that these statements must be suppressed because they were obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966). For the reasons set forth below, we hold that Defendant was not in custody within the meaning of Miranda until he was formally placed under arrest. Statements Defendant made before he was arrested are therefore admissible in the prosecutions case-in-chief; statements Defendant made after he was arrested are not. Accordingly, we affirm in part, reverse in part, and remand this case for further proceedings consistent with this opinion.

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