Frazee v. People.

2025 CO 7. No. 23SC85. Criminal Procedure—Miranda—Fifth Amendment—Agent of Law Enforcement.

February 10, 2025

The supreme court granted certiorari to determine whether a Department of Human Services (DHS) caseworker is a law enforcement officer under Miranda v. Arizona, 384 U.S. 436 (1966), and, if so, whether Miranda’s test for custody applies when someone in pretrial detention is questioned about the facts underlying their custody.

Following the principles set forth in Densmore v. People, 2025 CO 6, ¶¶ 2, 28, 46, _ P.3d _, also announced on February 10, 2025, the court concluded that the DHS caseworker here was neither a law enforcement officer nor an agent of law enforcement for Miranda purposes. Accordingly, Miranda does not apply in this case, and the court did not need to reach the question of whether Miranda’s test for custody should apply when a DHS caseworker questions someone in pretrial detention about the facts underlying their custody.

The court affirmed the judgment of the court of appeals division below, albeit on different grounds.