(DOWNLOAD) "People V. Hutton" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Hutton
- Author : Colorado Supreme Court
- Release Date : January 22, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The People, pursuant to C.A.R. 4.1, appeal the district court's ruling, in People v. Hutton, No. 91CR747, suppressing a statement given by the defendant to a polygraph examiner. Although the district court concluded that the defendant waived his Miranda*fn1 rights and voluntarily gave statements prior to the polygraph examination, the court concluded that the defendant's statement, made after the test in response to the examiner's expressed belief that the defendant had lied, was not voluntary. The court's reasoning was based upon a finding that, while there had been no coercion, the examiner's conduct "tainted" the defendant's responsive statement, rendering it involuntary. The People argue that because the court concluded that the examiner's conduct did not amount to coercion, the defendant's statement is admissible as having been voluntarily made under the totality of the circumstances. We reverse the district court's ruling.
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