People v. Theander, 2013 CO 15

Summary

The Colorado Supreme Court reversed the trial court's suppression of Stephanie Theander's statements made during two hospital interviews following her suicide attempt. The court held that Theander was not in custody for Miranda purposes and that her statements were voluntary because coercive governmental conduct did not significantly induce them.

Holdings

1. Theander was not in custody because, under the totality of the circumstances, a reasonable person in her position would not have believed that she was deprived of freedom of action to a degree associated with a formal arrest. Because the interviews were noncustodial, the absence of Miranda warnings did not require suppression.
2. Theander's statements were voluntary. The officers' references to her children's safety and their desire to identify the killer did not constitute coercive governmental conduct sufficient to overbear her will or play a significant role in inducing the statements.

Questions Presented

1. Whether Theander was in custody for Miranda purposes during the two hospital interviews.
2. Whether Theander's statements were involuntary because coercive governmental conduct significantly contributed to inducing them.

Disposition

reversed_and_remanded