October 30, 2017
2017 CO 100. No. 17SA49. People v. Samspon.
In this interlocutory appeal, the Supreme Court concluded that a conversation between defendant and a law enforcement officer that took place in a hospital 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 that his freedom of action had been curtailed to a degree associated with a formal arrest. Assuming without deciding that giving Miranda warnings can be considered in determining whether a suspect is in custody, the Court concluded that defendant was not in custody during any part of his conversation with the law enforcement officer. Therefore, the Court reversed the trial court’s suppression order.