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Purpose of Interviews & Interrogations
Eliminate suspects – Rule out individuals who are not involved.
Corroborate/Contradict other evidence – Compare statements with physical evidence and witness accounts.
Develop investigatory leads – Gather new information to advance the case.
Lock suspects into a story – Obtain a statement that can be challenged if proven false.
Evaluate bias/credibility – Assess the reliability and motives of the person being interviewed.
Interview vs. Interrogation
Interview = Non-Accusatory – Fact-gathering, used to develop information.
Interrogation = Accusatory – Direct questioning of a suspect, often seeking a confession.
No legal distinction – The law does not differentiate between the two regarding Miranda and due process considerations.
Voluntariness of Statements
A statement must be the product of an essentially free and unconstrained choice by the person making it.
It cannot be obtained through:
Threats or violence
Direct or implied promises, no matter how slight
Improper influence
Involuntary statements = Complete suppression – Cannot be used in court for any purpose.
Evaluated on the Totality of Circumstances
Coercion/Duress & Voluntariness
Two-Prong Test for Voluntariness:
Coercive police conduct is required for a statement to be involuntary.
The conduct must overbear the defendant's will in making the statement.
Examples of coercive conduct:
Threats
Violence
Implied promises
Improper influence
Deliberate exploitation (psychological pressure)
Miranda Violation & Partial Suppression
Partial suppression – A statement obtained in violation of Miranda rights may still be used for impeachment purposes, but not in the criminal case.
Impeachment only – The statement can only be used to challenge the defendant’s credibility during cross-examination, not to prove guilt in the case.
Not for criminal process – Cannot be used as evidence to establish the defendant’s guilt in the main case.
Custody for Miranda Purposes
Custody refers to whether a suspect is deprived of their freedom in a way that resembles a formal arrest.
Under the totality of the circumstances, a reasonable person in the defendant’s position would consider themselves deprived of freedom to the extent of a formal arrest, triggering Miranda rights.
This includes factors such as how the suspect is treated, the environment, and whether they feel they can leave the situation.
Much higher standandard then a stop or seizure as it relates to the fourth amendment.
Interrogation
Interrogation includes:
Express questioning – Directly asking the suspect about the offense.
Words or actions – Any conduct by the officer that the officer knows, or should reasonably know, is likely to elicit an incriminating response from the suspect.
Reasonably likely – The officer’s actions must create a situation where the suspect’s response is likely to lead to self-incrimination.
Miranda Exceptions
Public Safety Exception – Miranda rights may be waived if there’s an urgent concern for public safety, such as asking about weapons or dangerous situations.
Routine Booking Questions – Questions asked during booking (e.g., name, address) that don’t involve interrogation about the crime.
Other exceptions:
Spontaneous Statements – Voluntary statements made by the suspect without prompting.
Traffic Stops – Miranda is not required unless the individual is arrested.
Observation of Physical Characteristics – Officers can record physical evidence like tattoos, scars, etc., without Miranda rights.
On-Scene Investigation – Statements made during an ongoing investigation at the scene may not require Miranda, depending on the circumstances.
Miranda Waivers
To validly waive Miranda rights, the waiver must be:
Knowing – The suspect understands their rights and the consequences of waiving them.
Voluntary – The waiver is made without coercion, threats, or undue pressure.
Intelligent – The suspect is capable of making a decision based on their understanding of the situation.
Will be evaluated based on Totality of Circumstances
Scrupulously Honored: Request for Attorney & Remain Silent
Request for Attorney – If a suspect requests an attorney, no questioning can occur until the attorney is provided.
Remain Silent – If the suspect invokes the right to remain silent, questioning must cease.
Reinitiation – If the suspect later reinitiates contact with police, they can waive their rights and continue questioning.
Police may reinitiate questioning after a significant amount of time has passed, and Miranda rights must be re-read.
C.R.S. 19-2.5-203 - Juvenile Statements
Custodial Interrogation: Statements or admissions made by a juvenile during custodial interrogation are inadmissible unless the following conditions are met:
A parent, guardian, or legal/physical custodian is present during the interrogation.
The juvenile and their parent/guardian are informed of Miranda Advisment
Parent and Juvinal can waive the parents presence but it must be in writing.
