Colorado v. Gonzalez-Zamora
Annotate this CaseIn 2009, Defendant Cirilo Gonzalez-Zamora was arrested for an open container violation in Palm Beach, Florida. A warrant check by local police revealed an outstanding arrest warrant for murder in Colorado for “Cirilo Hernandez-Zamora.” Police took Defendant into custody to resolve the discrepancy between the name Defendant gave when arrested in Florida, and the name on the Colorado arrest warrant. At the station, a Spanish-fluent officer read Defendant his Miranda rights in Spanish, and gave Defendant the opportunity to ask for further explanation should anything be unclear. Instead of an audible response, Defendant gave a gesture or facial expression that there were parts of the officer’s advisement he did not understand. When the officer was finished, he received no questions. Defendant signed an advisement card. Defendant was eventually charged with first-degree murder. At trial, Defendant filed a motion to suppress statements he gave in Florida. The trial court granted the motion, asserting that there were “significant questions” as to whether Defendant waived his Miranda rights knowingly, intelligently and voluntarily. On appeal, the Supreme Court reversed the trial court’s order suppressing Defendant’s Miranda waiver. The Court found that the non-verbal gestures during Defendant’s advisement indicated that Defendant was aware and that he understood the rights he was waiving. Accordingly, the Court reversed the district court decision.
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