The Colorado Supreme Court recently ruled that Colorado Springs police should have warned a child pornography suspect that he had the right to remain silent and the right to an attorney before they questioned him according to an article in The Gazette.
In the case of People v. Holt, the court stated that Holt should have been read his Miranda rights before police questioned him. In Holt’s case, the police arrived at his home one night and entered the house with their guns drawn. They removed Holt from the home, handcuffed him, and placed him in the back of a patrol car, where they interrogated him for about 25 minutes until Holt admitted his computer contained images of child pornography.
During Holt’s trial, the trial judge ruled that Holt’s statements in the back of the police cruiser were inadmissible because the police officers’ failure to read Holt his rights violated Holt’s Fifth Amendment right not to incriminate himself. In the landmark case of Miranda v. Arizona, the U.S. Supreme Court ruled that criminal suspects have a right to remain silent and to consult an attorney if they are in the custody of law enforcement and are being interrogated.
In Holt’s case, the Colorado Supreme Court agreed with the trial judge. The Supreme Court held that because Holt was not told he was free to leave the police cruiser, because he was separated from his fiancée, and because he “had every reason to believe he would be arrested” at the end of the interrogation, he was in custody and should have been read his Miranda rights before being interrogated.
When you’re the target of a criminal investigation, it can be difficult to know what to do next. If you find yourself accused of or charged with a crime, don’t hesitate to contact the experienced Colorado Springs sex crime defense lawyers at The Bussey Law Firm, P.C. Our attorneys have years of experience defending the rights of those charged with criminal acts. We will examine the details of your case and fight to protect your rights while seeking the best possible outcome of your case. Call The Bussey Law Firm today at 719-475-2555 for a free and confidential consultation.