People v. Vanpelt: What Colorado's Latest Confession Ruling Means for Your Next Interview
On October 12, 2026, the Colorado Supreme Court decided People v. Vanpelt, 2026 CO 66. The court held that a suspect's confession and apology letter were voluntary. It also left standing a hard fact: the prosecution had already conceded a Miranda violation, so those statements cannot be used in its case-in-chief.
For investigators, this case is a clear look at where an interview holds up and where it breaks.
THE CASE
In July 2024, a suspect fired at 2 vehicles in Loveland. Days later, officers in Trinidad found him unconscious on a motorcycle with a holstered handgun on his leg. An officer removed the gun before the suspect woke up. After his arrest on an active warrant, 2 Loveland investigators interviewed him at the Las Animas County Jail for about 75 minutes.
The advisement told him he had the right to remain silent and the right to an attorney before questioning. According to the trial court, it did not tell him he could stop the interview at any time, ask for an attorney at any time, or have counsel present during questioning.
The suspect admitted firing at the vehicles and wrote an apology letter. During the interview he asked whether the sergeant would talk to the judge for him. The sergeant answered, "I will be there, absolutely." He also told the suspect, "I am not a judge, and I'm not a jury."
The trial court found the statements involuntary and suppressed them, along with the gun.
WHAT THE SUPREME COURT HELD
The statements were voluntary. The court applied the totality of the circumstances. Custody, the defective warnings and the lack of counsel weighed toward involuntariness. But the court found no threats and no promises. In its words, the sergeant "did not promise to speak to the judge; he simply confirmed that he would be in court." The tone was conversational, the suspect was mentally alert, and he had long experience with the system.
The Miranda problem did not go away. The prosecution conceded the violation, and the court noted that voluntariness and a valid waiver are "analytically distinct." A voluntary confession can still be lost to a bad advisement.
The gun seizure was lawful. Removing a firearm from an armed, unconscious person was justified for officer safety.
3 LESSONS FOR THE INTERVIEW ROOM
1. Read the full advisement, every time, from a card or department advisement form. Memory fails under pressure. In this case, missing elements cost the prosecution its strongest evidence at trial. A card or your department's advisement form, read word for word and recorded, removes the question.
2. State facts. Never imply outcomes. The court drew a line between a promise and a factual statement. "I will be in court" is a fact. Any suggestion that charges or a sentence depend on what the suspect says is the kind of language that invites a challenge. Keep your role clear: you gather facts; the DA and the judge decide.
3. Rapport is lawful. Record everything. The court called the sergeant's friendly, conversational approach "well within the bounds of appropriate police conduct." Encouraging a suspect to tell the truth is not coercion. And because the full interview was recorded, the Supreme Court could read exactly what was said and how the suspect responded.
TRAIN THESE SKILLS IN PERSON
Interviews & Interrogations, taught by Rich Rodriguez, is an 8-hour, in-person course built on real cases. Rich brings more than 40 years of service, more than 33 years in law enforcement and more than 24 years in investigations.
Date: Monday, January 11, 2027
Time: 8:00 AM to 4:00 PM
Location: Colorado State FOP, 8400 Alcott Street, Westminster, CO
Credit: 8 in-service hours
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This article is a training summary, not legal advice. Consult your agency's legal advisor or District Attorney on how this decision applies to your cases.
Read the full opinion: People v. Vanpelt, 2026 CO 66
https://www.coloradojudicial.gov/system/files/opinions-2026-10/26SA142.pdf
