Friday, December 7, 2012

Colorado Court of Appeals People v. Allman 09CA1347

Decision here.

   Allman was a registered sex offender who lived in Colorado Springs, but found a job in Garfield County.  He would drive to Garfield County, spend the week sleeping in his car (in different locations every night), and then drive back to the Springs on the weekend.  This went on for a couple of months, when deputies were dispatched to a suspicious vehicle in a rec center parking lot.

   Deputies found the car, and found Allman sleeping in it.  During questioning, he admitted that he was staying in his car, and he was arrested for failing to register.  He was later convicted, and appealed.  He argued that because his car wasn't a permanent place with a fixed address, it wasn't a residence for the purposes of registration, and that his statements to the deputies should have been suppressed as a violation of Miranda.

   The Court of Appeals held that Allman's car was, in fact, a residence.  The statutory definition of "residence" includes any place if used, intended to be used, or usually used for habituation.  Given that Allman was sleeping in his car five or six nights per week, the car qualified as an additional residence which means he should have registered with Garfield County within five days.

   As far as Miranda goes, deputies asked Allman to get out of his car and give them his ID, and questioned him for about seven minutes (but it may have been as long as 20, depending on whose testimony you believe).  They used normal conversational tones, didn't point guns at him, etc, etc... you know the list.  Even though Allman apparently got pretty upset during the questioning, he was not in custody for Miranda purposes.  His conviction was upheld.

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