People v. Theander, 2013 CO 15

Theander, hospitalized after a suicide attempt, was interrogated by Fort Collins police without Miranda warnings in two hospital interviews.
Trial court suppressed the statements as custodial under Miranda and involuntary under the voluntariness standard; People appealed under C.R.A. 4.1.
Interviews occurred Aug. 8 (11:30 p.m.–12:40 a.m.) and Aug. 9 (12:20 p.m.–approximately 12:32 p.m.); officers claimed Theander was not in custody and did not restrain her.
Police used an alias to admit Theander to the hospital and collected evidence, including SANE exam, photographs, clothing, and samples; phone unplugging and evidence collection occurred.
The door remained open, officers wore civilian clothes, and Theander was not restrained; no Miranda warnings were given; majority reversed and found no custody or coercion; dissent would suppress as involuntary and custodial.
Remand for proceedings consistent with the opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Theander in custody for Miranda purposes during hospital interviews?	Theander was in custody due to police domination.	She was free to leave; no custody.	Not in custody; no Miranda violation.
Were Theander's statements voluntary or the product of coercion?	Statements coerced by psychological pressure to protect her children.	No coercive government action significant enough to render statements involuntary.	Voluntary; not involuntary.

Effland v. People, 240 P.3d 868 (Colo. 2010) (custody factors weighed; close custody determination in hospital-bed context)
People v. Klinck, 259 P.3d 489 (Colo. 2011) (objective custody assessment; consider totality of circumstances)
People v. Matheny, 46 P.3d 453 (Colo. 2002) (custody determination objective; reliance on officer’s subjective intent rejected)
Stansbury v. California, 511 U.S. 318 (1994) (custody depends on objective circumstances, not officer’s subjective views)
Connelly, 479 U.S. 157 (1986) (coercive police activity required to negate voluntariness)
People v. Gennings, 808 P.2d 839 (Colo. 1991) (coercion analysis; whether coercive conduct significantly influenced confession)