People v. Bohler.

2024 CO 18. No. 23SA121. Criminal Law—Miranda—Custody—Jurisdiction for Interlocutory Appeals.

April 8, 2024

The Supreme Court held that Bohler was not in custody for Miranda purposes prior to being handcuffed. Officers encountered Bohler walking down a four-lane street on a March night and inquired into the concerning amount of blood on his shirt and arms. The officers’ actions and demeanor objectively resembled a welfare check; the officers did not tell Bohler that he was under arrest; the officers did not touch, accuse, or threaten him; the officers did not draw their weapons; and the exchange lasted less than six minutes. Thus, and despite factors weighing in favor of finding that Bohler was in custody, the Court concluded that under the totality of the circumstances, a reasonable person in Bohler’s position would not have believed that his freedom of movement was restricted to the degree associated with a formal arrest. Therefore, the Court reversed and remanded.