The People of the State of Colorado, Plaintiff-Appellant: v. Dakotah J. Lulei. Defendant-Appellee:

Summary

The court held that the protections of Miranda and Edwards did not apply because Lulei was not in custody when he requested an attorney, and an attempted Miranda advisement did not itself create custody. The court therefore reversed the order suppressing Lulei's statements and remanded for further proceedings. It also held that the custody issue could be considered because it was antecedent to and dispositive of the suppression ruling, while declining to review the voluntariness issue in this interlocutory appeal.