People v. Arroya

I. INTRODUCTION

In this interlocutory appeal pursuant to C.A.R. 4.1 and section 16-12-102(2), 6 C.R.S. (1999), the People challenge the trial court’s order suppressing a custodial statement made by the defendant, Erika Arroya, concerning the death of her three-year old son. The trial court suppressed certain portions of Arroya’s custodial statements on the grounds that Arroya asserted her right to remain silent and thereafter the police did not “scrupulously honor” this assertion, thereby violating her rights under the Fifth and Fourteenth Amendments.

We hold that before the obligation of…