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CO: Language barrier to consent being not voluntary is defendant's burden

By John Wesley Hall, Jr.

The encounter with defendant was consensual, and it led to a patdown with the officer asking if he had anything on him, and he admitted to cocaine. Police were called to a gun store because a man with a warrant was trying to buy a gun, so they came to check him out. Defendant's claim of language being a barrier was something that he had to prove and did not. People v. Marujo, 2008 Colo. LEXIS 721, (September 22, 2008)*: This court has enumerated a list of factors that may demonstrate that "a reasonable, innocent person would not feel free to decline the officers' requests or otherwise terminate the encounter." Jackson, 39 P.3d at 1184. The factors include but are not limited to: (1) whether there is a display of authority or control over the defendant by activating the siren or any patrol car overhead lights; (2) the number of officers present; (3) whether the officer approaches in a non-threatening manner; (4) whether the officer displays a weapon; (5) whether the officer requests or demands information; (6) whether the officer's tone of voice is conversational or whether it indicates that compliance with the request for information might be compelled; (7) whether the officer physically touches the person of the citizen; (8) whether an officer's show of authority or exercise of control over an individual impedes that individual's ability to terminate the encounter; (9) the duration of the encounter; and (10) whether the officer retains the citizen's identification or travel documents...continue to full post

Full post as published by Fourth Amendment on October 18, 2008 (boomark / email).