People v. Lynn

• Decision Date: 18 June 2012
• Docket Number: No. 12SA97.,12SA97.
• Citation: 278 P.3d 365,2012 CO 45
• Parties: The PEOPLE of the State of Colorado, Plaintiff–Appellant v. Michael Edward LYNN, Defendant–Appellee.
• Court: Colorado Supreme Court

278 P.3d 365

2012 CO 45

The PEOPLE of the State of Colorado, Plaintiff–Appellant

v.Michael Edward LYNN, Defendant–Appellee.

No. 12SA97.

Supreme Court of Colorado,

En Banc.

June 18, 2012.

Thirteenth Judicial District, Robert E. Watson, District Attorney, H. Zachary Balkin, Deputy District Attorney, Michael Whitney, Deputy District Attorney, Sterling, Colorado, Attorneys for Plaintiff–Appellant.

Douglas K. Wilson, Public Defender, Damon Brune, Deputy Public Defender, Sterling, Colorado, Attorneys for Defendant–Appellee.

Justice HOBBS delivered the Opinion of the Court.

¶ 1 In this interlocutory appeal, the People challenge an order suppressing incriminating statements made by Michael Edward Lynn while in custody. The trial court held that the statements came after Lynn's unambiguous request for counsel. After such a request, it is unconstitutional for police officers to continue questioning. If they do continue interrogation, in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and subsequent cases, the defendant's statements made after the request are inadmissible. We agree with the trial court and hold that the defendant's question, “When can I talk to a lawyer?” was an unambiguous request for counsel. Accordingly,we affirm the order of the trial court suppressing Lynn's statements.

I.

¶ 2 At the time of the questioning, Lynn was already being detained for unrelated parole violations. Sterling Police Department Investigator Jeff Huston then met with Lynn in a booking cell and questioned him regarding allegations of assault, kidnapping, and menacing. While Huston was reading Lynn his Miranda rights, Lynn asked, in an assertive tone, “When can I talk to a lawyer?” Huston responded, “You want to talk to a lawyer? You say that, I'm done. Do you want to talk to a lawyer now? ‘Cause I, if you do, I got to go. Alright bud? And that's fine.” Lynn then asked, “If I do this, can I also talk to a lawyer after?” Huston responded, “Absolutely.” As can be heard on the recording of the interrogation, Huston continued, speaking very quickly:

Absolutely. Oh yeah, this isn't over. I want to hear your side of it now so I can get going with the case and figure out what I'm going to tell the DA. OK, ‘cause all I have is one side of the story. I have your one half with all the witnesses saying this, I want to hear why you did this.... [Discussion of the likelihood of Lynn's mother testifying in court (10 seconds).]

And that's what I want to hear from you. I want to hear your complete side of it. OK? And that is important. Alright, no, but you got to sign the bottom, and I need your right hand, dude. You need another clipboard or something? ... [Adjustment of Lynn's handcuffs (13 seconds).]

And like I said, you don't have to tell me anything, you can just tell me anything you want to talk about. Dude, this is where you got to read this part. Do you wish to still speak to me with these rights in mind, if that's the case? Now like I said, you can tell me anytime to pound the sand get out of here I don't want to talk about it. OK? So what's your side of it? So I can hear that side of it, so I can present that with the case, man. ‘Cause I really am, I'm looking at these two sides of it, I don't want to present what I have, a brutal assault by itself without any circumstances, you know what I mean? It's like looking at something in war. You look at somebody shooting somebody in war, you know what I mean? They're at war, there is a circumstance. Why did you do what you did?

Lynn then made incriminating statements.

¶ 3 The trial court suppressed the statements Lynn made after he asked, “When can I talk to a lawyer?” The people appealed to us for review under C.A.R. 4.1 and § 16–12–102(2), C.R.S. (2011). We now affirm.

II.

¶ 4 We agree with the trial court and hold that the defendant's question, “When can I talk to a lawyer?” was an unambiguous request for counsel. Accordingly, we affirm the order of the trial court suppressing Lynn's statements.

A. Standard of Review

¶ 5 Our review of a suppression order raises a mixed question of law and fact. People v. Romero, 953 P.2d 550, 555 (Colo.1998). We defer to the court's factual findings if they have support in the record. Id. We review legal determinations de novo. Id.

B. Applicable Law

¶ 6 Once an accused person requests an attorney, police must “scrupulously honor” the request and cease all interrogation until the person has consulted with counsel. Miranda v. Arizona, 384 U.S. 436, 474, 504–05, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); People v. Bradshaw, 156 P.3d 452, 456–57 (Colo.2007) (citing Smith v. Illinois, 469 U.S. 91, 95, 105 S.Ct. 490, 83 L.Ed.2d 488 (1984)). A request for counsel must be unambiguous and unequivocal to be sufficient. Davis v. United States, 512 U.S. 452, 461–62, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994). In determining whether a request for counsel was sufficient, the trial court must consider whether the accused's statements “can reasonably be construed to be an expression of a desire for the assistance of an attorney in dealing with custodial interrogation by the police.” McNeil v. Wisconsin, 501 U.S. 171, 178, 111 S.Ct. 2204, 115 L.Ed.2d 158 (1991)(emphasis omitted). The request must be clear enough that “a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.” Davis, 512 U.S. at 459, 114 S.Ct. 2350. The accused's request is unambiguous when it puts the officers on notice that the defendant intends to exercise his right to counsel and his right against self-incrimination. Bradshaw, 156 P.3d at 457. Because suspects may not be legally sophisticated or paragons of clarity in their use of language, when reviewing a defendant's statement for an alleged ambiguity, courts must give a broad, rather than a narrow, interpretation to a defendant's request for counsel. Romero, 953 P.2d at 554–55.

¶ 7 Trial courts are to determine whether a request for counsel is ambiguous by the totality of the circumstances. Id. at 555. In assessing the totality of the circumstances, the court may consider such factors as the words spoken by the interrogating officer; the words used by the suspect in referring to counsel; the officer's response to the suspect's reference to counsel; the speech patterns of the suspect; the content of the interrogation; the demeanor and tone of the interrogating officer; the suspect's behavior during interrogation; the point at which the suspect invoked counsel; who was present during the interrogation; and the suspect's youth, criminal history, background, nervousness or distress, and feelings of intimidation or powerlessness. People v. Broder, 222 P.3d 323, 327 (Colo.2010); Romero, 953 P.2d at 555–56.

¶ 8 If the accused's statements concerning the right to counsel are ambiguous, police may engage in a limited inquiry with the accused for the sole purpose of determining whether the accused has requested an attorney. Broder, 222 P.3d at 329;People v. Benjamin, 732 P.2d 1167, 1170 (Colo.1987). In this instance, the interrogation must cease immediately except for very limited questions designed to clarify the ambiguous statement or to clarify the accused's wishes regarding the presence of counsel. Bradshaw, 156 P.3d at 458;Benjamin, 732 P.2d at 1171. But even this limited inquiry is possible only after an ambiguous statement regarding representation; such an inquiry is impermissible following an unambiguous request. Bradshaw, 156 P.3d at 458. Following an unambiguous request, all questioning must cease. Romero, 953 P.2d at 554.

¶ 9 Where the statements sought to be suppressed are audio- or video-recorded, and there are no disputed facts outside the recording controlling the issue of suppression, we are in a similar position as the trial court to determine whether the statements should be suppressed. People v. Madrid, 179 P.3d 1010, 1014 (Colo.2008). We undertake an independent review of the recording to determine whether the statements were properly suppressed in light of the controlling law. Id.

C. Application to this Case

¶ 10 In addition to Lynn's words, the trial court considered six factors in determining Lynn's request for counsel to have been unambiguous: (1) the request came during the Miranda advisement; (2) Lynn knew first degree assault charges were intended; (3) Lynn was in custody; (4) Lynn asked about his mother and wanted to speak with her; (5) Huston had reminded Lynn several times that he need not make a statement; and (6) Huston had at least twice described the assault as “brutal.”

¶ 11 The words Lynn used were similar to those used by the defendant in People v. Harris, 191 Colo. 234, 235, 552 P.2d 10, 11 (1976), who asked, “When can I get a lawyer?” We affirmed the trial court's suppression order in that case, holding that the question constituted a “request for an attorney” which placed the police officers on notice that the defendant intended to exercise his constitutional rights. Id. at 236–37, 552 P.2d at 12. We emphasized that the request was “adequate” even though it was not “in the most sophisticated or legally proper form.” Id. at 237, 552 P.2d at 12.

¶ 12 Harris controls the outcome of this case. While we also found factors such as youth, timidity, and inexperience at play in Harris, the trial court in the present case found several other factors contributing to the unambiguousness of Lynn's request for counsel. In other cases, we have already found several of these factors to have legal significance to the question of unambiguity. See Bradshaw, 156 P.3d at 458 (significance of the accused asking the interrogator about the nature of the charge and the class of the offense); People v. Adkins, 113 P.3d 788, 793 (2005) (significance of the request coming during the Miranda advisement); People v. Richards, 194 Colo. 83, 86, 568 P.2d 1173, 1175 (1977) (significance of the pressure placed on the accused by the very nature of incommunicado...