People v. Denison

In People v. Denison, 918 P.2d 1114, 1116 (Colo. 1996), the supreme court discussed the different standard to be applied in determining whether an interrogation conducted in such a setting was "custodial": Instead of the traditional "free to leave" standard for custody, the court in Cervantes applied a "restriction" standard which, in the prison setting, implies a change in the surroundings of the prisoner that results in an added imposition on his freedom of movement. (People v. Denison, supra, 918 P.2d at 1116.) In determining whether an inmate being questioned has been additionally restricted to the extent that he or she is "in custody" within the meaning of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), a court must consider the totality of the circumstances and must address the four factors enumerated in People v. Denison: (1) the language used to summon the individual; (2) the physical surroundings of the interrogation; (3) the extent to which the individual is confronted with evidence of his or her guilt; (4) the additional pressures exerted to detain the individual.