Colorado Supreme Court Mumford v. People 10SC295

Decision here.

   Mumford was present as his house with several other people when police executed a search warrant on the house.  The focus of the investigation was one of Mumford's friends, who was also present and was arrested on an outstanding warrant.  Drugs and paraphernalia were found in the house, one occupant of the house was told it was his lucky day and was allowed to leave, others were handcuffed and detained in front of the house.  Mumford was also detained in front of the house, but there is conflicting testimony as to whether or not he was handcuffed.  Several officers briefly had guns drawn at the beginning of the encounter, and Mumford was specifically told that he was not free to go (although he was not guarded closely while being detained in the front yard).

   An officer told the parties detained in front of the house that if they told the truth, nothing bad would happen.  A detective then asked Mumford for identifying information, and asked him if there was anything they needed to know about in the house.  The detective did not display a weapon and spoke in a conversational tone.  Mumford never objected to speaking to the detective, and he admitted to having cocaine in the house for personal use.  The detective left Mumford outside the house while he went to the bedroom and found the cocaine where Mumford had described it.  Mumford was subsequently arrested and convicted.

   Mumford appealed his conviction, arguing that his statements should be suppressed as he was never given Miranda warnings.  Mumford acknowledged that there were no grounds to suppress the cocaine, since it was found during the execution of a valid search warrant.  Although Mumford was clearly detained, the court held that his freedom of action was not limited to the degree normally associated with a formal arrest.  Reasons for this included the lack of actual physical restraints, the detective's conversational tone and relatively innocuous questioning, the fact that another occupant had already been released, and the fact that there was nothing to suggest that the police had (or were about to) discovered evidence against Mumford.

   I can't say I dislike the court's opinion, although it does surprise me.  I think that on another day with a different court, these facts may well have led to a different result.  But then I'm a lot quicker to read Miranda warnings than most cops I know.