People v. Pleshakov
2013 CO 18
Colo.2013Background
- Anonymous tip prompted police to monitor a Mansfield Ave. apartment and observe occupants leaving in a white Dodge Neon.
- A traffic stop occurred about two to three blocks from the residence; the driver lacked license/ID and officers noticed possible marijuana activity.
- Pleshakov, seated in the front passenger seat, provided a license identifying him; a back-seat passenger appeared to shove a marijuana pipe beneath the seat.
- Sergeant Redfearn questioned Pleshakov about drug activity with four officers nearby; no Miranda warnings were given during this sidewalk interrogation.
- Pleshakov consented to a search of the apartment after officers indicated they had probable cause and noted ease of obtaining a warrant; he signed a consent form.
- Police conducted a walk-through of the apartment, located a gun in a safe, marijuana-related items, and an Oxyeontin pill; Pleshakov later provided statements at the jail after Miranda warnings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the sidewalk interrogation custodial for Miranda purposes? | Pleshakov argues custodial interrogation occurred. | Pleshakov contends he was not in custody; Miranda not required. | Not custodial; Miranda not required. |
| Whether suppression of custodial statements was proper under Miranda | Statements were obtained unlawfully without warnings. | No custodial interrogation; statements voluntary. | Suppression reversed; not custodial. |
| Whether consent to search was invalid as fruit of an illegitimate interrogation | Consent tainted by illegal interrogation. | Consent valid since no custodial interrogation. | Consent valid; suppression of evidence reversed. |
Key Cases Cited
- People v. Elmarr, 181 P.3d 1157 (Colo. 2008) (nature of custodial vs. noncustodial facts; deference to trial findings)
- People v. Guthrie, 2012 CO 59 (Colo. 2012) (de novo review of custodial interrogation)
- People v. Stephenson, 159 P.3d 617 (Colo. 2007) (roadside detention and Miranda implications)
- People v. Polander, 41 P.3d 698 (Colo. 2001) (grounds to arrest vs. brief detention in Polander scenario)
- People v. Taylor, 41 P.3d 681 (Colo. 2002) (custody analysis under custodial interrogation)
- Berke mer v. McCarty, 468 U.S. 420 (1984) (Miranda custody framework from federal standard)
- People v. Figueroa-Ortega, 283 P.3d 691 (Colo. 2013) (factors for custodial analysis; not per se arrest)
- People v. Null, 233 P.3d 670 (Colo. 2010) (roadside questioning and Miranda applicability)
- People v. Archuleta, 719 P.2d 1091 (Colo. 1986) (limits of roadside detentions and custodial implications)