People v. Lulei.

2026 CO 17. No. 25SA146. People v. Lulei. Constitutional Law—Fifth Amendment—Custody—Party Presentation.

March 30, 2026

The supreme court held that the district court erred as a matter of law when it concluded that Lulei’s invocation of the right to counsel outside of a custodial interrogation setting was nevertheless effective because police had attempted to advise him of his rights under Miranda v. Arizona, 384 U.S. 436 (1966). Citing People v. Kutlak, 2016 CO 1, 364 P.3d 199, a plurality of the court concluded that under the circumstances here, it could address whether Lulei was in custody as a necessary antecedent to the Edwards v. Arizona, 451 U.S. 477 (1981), issue before it. The court’s review of the record confirmed the district court’s finding that Lulei was not in custody when he requested counsel. Thus, the district court erred in suppressing Lulei’s statements under Miranda and Edwards. Accordingly, the court reversed the district court’s suppression order and remanded the case to the district court for further proceedings.