{"id":15811,"date":"2015-02-10T09:44:06","date_gmt":"2015-02-10T14:44:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15811"},"modified":"2015-02-10T09:44:06","modified_gmt":"2015-02-10T14:44:06","slug":"co-statute-on-advice-of-right-to-refuse-consent-applied-under-totality-standard","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15811","title":{"rendered":"CO statute on advice of right to refuse consent applied under totality standard"},"content":{"rendered":"<p>Under Colorado\u2019s 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. <a href=\"http:\/\/www.courts.state.co.us\/userfiles\/file\/Court_Probation\/Supreme_Court\/Opinions\/2014\/14SA187.pdf\">People v. Munoz-Gutierrez<\/a>, 2015  CO 9, 2015 Colo. LEXIS 69 (February 9, 2015):<\/p>\n<blockquote><p>[*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 <a href=\"http:\/\/tornado.state.co.us\/gov_dir\/leg_dir\/olls\/sl2010a\/sl_176.htm\">16-3-310(1)(b)<\/a>, other evidence, such as the fact that Munoz-Gutierrez and Trooper Biesemeier were able to communicate in Spanish, demonstrates that the troopers&#8217; conduct did not overbear Munoz-Gutierrez&#8217;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&#8217;s oral consent was voluntary.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Under Colorado\u2019s 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 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=15811\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-15811","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15811","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15811"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15811\/revisions"}],"predecessor-version":[{"id":15812,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15811\/revisions\/15812"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15811"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15811"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15811"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}