Densmore v. People.

2025 CO 6. No. 23SC81. Criminal Procedure—Fifth Amendment—Miranda—Agent of Law Enforcement.

February 10, 2025

The supreme court granted certiorari to consider whether Miranda v. Arizona, 384 U.S. 436 (1966), applies when a Department of Human Services caseworker conducts a custodial interrogation.

The court concluded that, in determining whether a caseworker acted as an agent of law enforcement in interviewing a person who was in custody, such that Miranda warnings were required, courts must consider the totality of the circumstances, including both objective and subjective factors. Applying that standard to the facts presented, the court further concluded that the caseworker who interviewed Densmore did not act as an agent of law enforcement when she spoke with him and, therefore, she was not required to provide Miranda warnings before conducting the interviews.

Accordingly, the court affirmed the judgment of the court of appeals division below.