Niemeyer v. Colorado

Brief of Amici Curiae the American Civil Liberties Union of Colorado and the National Association of Criminal Defense Lawyers in Support of Petitioner

Brief filed: 10/30/2023

Documents

Niemeyer v. Colorado

Colorado Supreme Court; Case No. 2023SC117

Prior Decision

People v. Niemeyer, No. 18CA1877 Colo. App. Oct. 27, 2022

Argument(s)

The Court of Appeals decision that Ms. Niemeyer was not in custody at the time of her interrogation by police erodes Miranda protections in Colorado by placing disproportionate importance on police statements. Courts must determine the moment of custody from the true totality of the circumstances, as viewed from the perspective of a reasonable person in the suspect’s position. A true totality of the circumstances analysis protects against officers narrating away the reality of conditions they impose on accused people. Due to the deceptive nature of modern police interrogation, and the risks deceptive tactics pose to accused people’s rights and the integrity of the legal system, courts must be particularly vigilant against placing undue importance on police statements.

Author(s)

Laura A. Menninger, Norman R. Mueller, and Jacob McMahon, Haddon, Morgan and Foreman, P.C., Denver, CO; Timothy R. Macdonald and Emma Mclean-Riggs, ACLU Foundation of Colorado, Denver, CO.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products