People v. Begay
2014 CO 41
| Colo. | 2014Background
- Police responded to a report of a man named Rabbit attempting to strangle people in Aids Park, Boulder, description matching Bradley Begay.
- Plainclothes officers located two men matching the description; Begay was identified by the victim later at the scene.
- Begay was questioned while seated, not handcuffed, and told to sit down; officers did not tell him he was under arrest.
- Approximately 20 minutes passed from the initial dispatch to the arrival of the victim for a show-up identification, at which point Miranda rights were read and Begay was arrested.
- The trial court suppressed Begay’s pre-arrest statements, concluding he was in custody; the People appealed, arguing the wrong Miranda standard was applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the correct custody standard for Miranda purposes? | People argue standard is formal arrest; wrong standard applied. | Begay argues the standard was correctly applied as “free to leave.” | Not in custody under Miranda until formal arrest; correct standard is formal-arrest level. |
| Was Begay in custody during the show-up/interrogation before arrest? | People contend custody existed under Fourth Amendment seizure. | Begay contends absence of custodial restraint to degree of formal arrest. | No custody before arrest; factors show non-custodial interrogation. |
| Did the trial court apply the wrong custody standard in suppressing statements? | People assert the court used the incorrect free-to-leave standard. | Begay maintains standard was appropriately objective. | Trial court erred; custody standard should be formal-arrest standard. |
| Does the public, show-up context affect custody analysis for Miranda? | People rely on public setting not implying custodial status. | Begay argues presence of witnesses and show-up influences custody. | Show-up context can be non-custodial; not determinative of custody without arrest. |
Key Cases Cited
- People v. Elmarr, 181 P.3d 1157 (Colo. 2008) (custody governing Miranda is an objective mixed standard)
- People v. Matheny, 46 P.3d 453 (Colo. 2002) (multi-factor test for custody; objective standard)
- Barraza v. People, 2013 CO 20 (Colo. 2013) (Miranda custody altered to formal-arrest standard; show-up context discussed)
- Pittman v. People, 284 P.3d 59 (Colo. 2012) (reversed where trial court used incorrect custody standard)
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (public nature of traffic stops and non-custodial police-citizen interactions)