H & H Warehouse and Continental Western Insurance Co. v. Vicory

The district attorney brings this interlocutory appeal pursuant to C.A.R. 4.1 and section 16-12-102(2), 8A C.R.S. (1991 Supp.) to challenge the Jefferson County District Courts ruling which suppressed statements made by the defendant, Randy Ross, to a police investigator at the county jail beginning five days after his arrest. The district court ruled that although Ross initiated the first conversation with the investigator and the statements were not made in response to custodial interrogation, nevertheless the statements must be suppressed because there was no evidence that the defendant knowingly and intelligently waived his right to counsel. We reverse and remand for further proceedings consistent with this opinion.