In this interlocutory appeal, the prosecution challenged the trial court’s order suppressing statements defendant made to deputies without being given the proper warnings under Miranda v. Arizona, 384 U.S. 436 (1966). The Supreme Court reversed, concluding that under the totality of the circumstances, defendant was not in custody for purposes of Miranda because a reasonable person in defendant’s position would not have felt deprived of his freedom of action to a degree associated with a formal arrest. Further, considering the factors identified in People v. Rodriguez, 945 P.2d 1351, 1362 (Colo. 1997), and People v. Ball, 2017 CO 108, ¶ 9, 407 P.3d 580, 584, the Court concluded that defendant’s detention did not escalate to an arrest in violation of the Fourth Amendment.

In this case, the Supreme Court concluded that by tendering a jury instruction regarding a defendant’s right to remain silent, Deleon preserved the issue for appeal of whether the trial court erred in failing to give any instruction regarding a defendant’s right to remain silent. Next, the Court concluded that the trial court failed to provide an effective jury instruction regarding Deleon’s right to remain silent, which was an error. Finally, the Court concluded that the error was not harmless beyond a reasonable doubt.

Accordingly, the Court of Appeals’ judgment was reversed.