CO statute on advice of right to refuse consent applied under totality standard

Under Colorado’s statute requiring consent searches be preceded by a warning of a right to refuse consent, this consent was valid on the totality of circumstances. He was warned of the right to refuse orally and in writing in English and Spanish. People v. Munoz-Gutierrez, 2015 CO 9, 2015 Colo. LEXIS 69 (February 9, 2015):

[*P37] Thus, when considering the totality of the circumstances, we conclude that Munoz-Gutierrez provided voluntary oral consent to search his vehicle. Although the troopers did not explicitly comply with the factors in section 16-3-310(1)(b), other evidence, such as the fact that Munoz-Gutierrez and Trooper Biesemeier were able to communicate in Spanish, demonstrates that the troopers’ conduct did not overbear Munoz-Gutierrez’s exercise of free will because the conduct was not sufficiently coercive or deceptive to a person with his characteristics in his circumstances. While the trial court found that the written consent that Munoz-Gutierrez gave was improperly obtained, we need not reach that issue because the voluntary oral consent was sufficient. We conclude that Munoz-Gutierrez’s oral consent was voluntary.