Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Ramiro Munoz-Gutierrez, Defendant-Appellee

February 9, 2015342 P.3d 439

Summary

The court held that Munoz-Gutierrez voluntarily consented orally to the search of his vehicle under the totality of the circumstances. It ruled that the statutory advisements concerning voluntary consent and the right to refuse are factors in determining voluntariness, not prerequisites whose omission automatically invalidates consent. Because the police conduct was not sufficiently coercive or deceptive to overbear his free will, the court reversed the suppression order and remanded for further proceedings.