People V. Benjamin

The People have filed this interlocutory appeal pursuant to C.A.R. 4.1 challenging the district court's order suppressing statements made by the defendant, Bryant Maurice Benjamin, to a Denver Police Department detective on September 4, 1985. Relying on its interpretation of the case of People v. Johnson, 712 P.2d 1048 (Colo. App. 1985), the district court concluded that although the statements were voluntary and the defendant had waived his right to counsel, the statements were inadmissible because they resulted from custodial interrogation initiated by the police after the defendant impliedly had invoked his right to counsel. We reverse.