People v. Klinck
259 P.3d 489
| Colo. | 2011Background
- Deputy Hays responded to a domestic disturbance involving Klinck and D.B. at D.B.'s home; Klinck remained on the porch while D.B. was interviewed.
- D.B. reported a prior night altercation with Klinck, including him holding her down and attempting to suffocate with a pillow; physical marks observed on D.B.
- Klinck was arrested based on the physical evidence corroborating D.B.'s account.
- At the jail, Klinck was advised of Miranda rights; he invoked the right to counsel and said he wanted to speak with his lawyer.
- Detectives later questioned Klinck in jail without knowledge of the invocation; Klinck waived Miranda and spoke for over five hours on video.
- The trial court suppressed the porch statements as involuntary and the jail statements as Miranda-violation, leading to an interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Klinck in custody on the porch for Miranda purposes? | Klinck argues custody existed due to arrestee-like questioning. | Klinck contends no custody; porch interview was non-coercive and voluntary. | Not custody; porch statements admissible |
| Are Klinck's jailhouse statements voluntary and admissible for impeachment? | Despite Miranda violation, statements may be voluntary under totality of circumstances. | Interrogation after invoking counsel was involuntary. | Statements voluntary and admissible for impeachment |
Key Cases Cited
- People v. Minjarez, 81 P.3d 348 (Colo. 2003) (custodial analysis in hospital conference room; highly accusatory atmosphere)
- People v. Effland, 240 P.3d 868 (Colo. 2010) (custody and voluntariness under totality of circumstances; hospital/interrogation factors)
- People v. Gennings, 808 P.2d 839 (Colo. 1991) (soft techniques not sufficient to render confession involuntary)
- People v. Valdez, 969 P.2d 208 (Colo. 1998) (confrontational officer conduct not enough to render statements involuntary)
- People v. Raffaelli, 647 P.2d 230 (Colo. 1982) (voluntariness considerations in totality of circumstances for impeachment use)
- People v. Matheny, 46 P.3d 453 (Colo. 2002) (custody determination; objective standard; multiple factors)
- Oregon v. Mathiason, 429 U.S. 492 (U.S. 1977) (consensual nature of interrogation and coercion considerations)