People v. Trujillo-Tucson.

2022 CO 31. No. 21SA386. Fifth Amendment Right to Counsel—Invoking the Right to Counsel—Suppression of Statements.

June 21, 2022

In this interlocutory appeal of a suppression order, the Supreme Court asked whether a suspect in custody invoked his Fifth Amendment right to counsel during custodial interrogation. Applying the standard established in Davis v. United States, 512 U.S. 452, 461–62 (1994), and elaborated in People v. Kutlak, 2016 CO 1, ¶¶ 23–24, 364 P.3d 199, 205–06, the Court concluded that, given the totality of the circumstances, the suspect’s reference to counsel did not constitute an unambiguous request for counsel. Because the suspect did not invoke his right to counsel, officers were under no obligation to cease questioning and his statements should not have been suppressed.

The order was reversed.