People v. Cerda.

2024 CO 49. No. 24SA23. Miranda Protections—Coercion—Involuntary Statements—Suppression—Fifth Amendment—Right to Remain Silent.

June 24, 2024

The defendant in this interlocutory appeal was subjected to custodial interrogation, triggering the protections of Miranda v. Arizona, 384 U.S. 436 (1966). The detectives advised Cerda of his Miranda rights, but they violated those rights when they continued interrogating him after he clearly and unambiguously invoked his right to remain silent. Accordingly, the Supreme Court affirmed the portion of the district court’s order suppressing Cerda’s post-invocation statements from the prosecution’s case-in-chief.

The Court further held, however, that the detectives’ failure to scrupulously honor Cerda’s invocation of his right to remain silent did not overbear his will. Therefore, Cerda’s statements were voluntary. The Court reversed the portion of the district court’s order to the contrary and remanded the case for further proceedings consistent with this opinion.