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Criminal Procedure Keyed to Miller
State v. Kelvin Franklin Elmarr
Citation:181 P.3d 1157 (Colo. 2008)
Detectives notified Elmarr (defendant) that his ex-wife was found dead the day before. When Elmarr mentioned that he had visited his ex-wife the day before she was found dead, the detectives asked him if he would mind going to the sheriff’s department for further questioning. Elmarr agreed. The detectives drove him to the station, and they entered through the basement which was not accessible to the public. They placed Elmarr in a closed interview room where two officers interrogated him. He was not handcuffed, but he was not told he was free to leave or that he was not under arrest. The captain informed Elmarr that he had the right to remain silent, that anything he says may be used against him, and that he had a right to an attorney. Afterwards, Elmarr agreed to speak about his last time meeting with his ex-wife. When the officers expressed doubt about Elmarr’s statements, Elmarr stated that he would like to talk to a lawyer. At that point, the interrogation ended.
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