Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Levent Ray Kutlak, Respondent

January 11, 2016364 P.3d 199

Summary

The court held that Kutlak's references to his lawyer were ambiguous under the objective standard governing invocation of the right to counsel because a reasonable officer could understand them as an inquiry about obtaining counsel rather than an unequivocal request for counsel. The court further held that Kutlak knowingly, intelligently, and voluntarily waived his Miranda rights before making incriminating statements, so suppression was improper. The court reversed the court of appeals and remanded for consideration of Kutlak's remaining appellate claims. Justice Gabriel, joined by Justice Hood, dissented, concluding that Kutlak clearly invoked counsel and could not have reinitiated questioning because the detective never stopped the interrogation.