January 29, 2010

Colorado Supreme Court 1-19-10

People v. Martin    Implied Waiver of Rights Under Miranda
Stolen from the synopsis: "The Supreme Court of Colorado holds that, under the particular facts and circumstances of this case, the defendant impliedly waived his Miranda rights. He came to the police station voluntarily in order to speak with police officers about a shooting. Prior to questioning, he was advised of and acknowledged each of his Miranda rights. He answered the officers’ questions without hesitation for almost an hour and forty-five minutes. During this time, the defendant had several opportunities to pause and consider his rights. He did not choose to assert his rights until after the officers told him that witnesses had identified him as the shooter. Under these particular facts and circumstances, the defendant’s knowing, intelligent, and voluntary waiver may be inferred from his course of conduct."

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