Colo. SCT Jan. 19, 2010

No. 09SA261. People v. Martin.Implied Waiver—Miranda Rights.

The People brought this interlocutory appeal pursuant to C.A.R. 4.1, challenging the trial court’s order to suppress statements made by defendant while he was being questioned by police regarding a shooting that had taken place the previous day. The trial court granted defendant’s motion to suppress, ruling that he did not waive his Miranda rights before questioning. The Supreme Court disagreed with the trial court.

Defendant came to the police station voluntarily to speak with police officers about a shooting. Prior to questioning, he was advised of and acknowledged each of his Miranda rights. He answered the officers’ questions without hesitation for nearly an hour and forty-five minutes. During this time, he had several opportunities to reconsider his rights. He did not choose to assert his rights until after the officers told him that witnesses had identified him as the shooter. The Court determined that defendant’s knowing, intelligent, and voluntary waiver may be inferred from his course of conduct. Therefore, defendant impliedly waived his Miranda rights and the judgment was reversed.

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