This doctrine requires the suppression of evidence "obtained as the direct result of a violation of the defendant's constitutional rights." People v. Vigil, 175 Colo. 373, 379, 489 P.2d 588, 590 (1971) (quoting People v. Orf, 172 Colo. 253, 257, 472 P.2d 123, 125 (1970)). See also People v. Briggs, 709 P.2d 911 (Colo.
This court has on several occasions similarly included terms like “without charge” or “free of charge,” but only in loosely paraphrasing the advisement required by Miranda, rather than requiring an advisement beyond that specified in Miranda, see, e.g., People v. Aguilar–Ramos, 86 P.3d 397, 400 (Colo.2004), or in finding fault with a complete failure of the police to advise a suspect of his right to appointed counsel, see, e.g., People v. Vigil, 175 Colo. 373, 376, 489 P.2d 588, 589 (1971); Perez v. People, 176 Colo. 505, 507–08, 491 P.2d 969, 970 (1971). A number of other jurisdictions have gone further and expressly found a warning concerning financial liability to be unnecessary.
" `Physical evidence which is the fruit of a statement improperly obtained from an adult is inadmissible, e.g., People vs. Vigil, 175 Colo. 373, 489 P.2d 588 (1971), and we can discern no reason why the rights of a juvenile in this regard should be any less than those of an adult. [Citations] We hold, therefore, that the wallet should have been suppressed because there was nothing to purge it of the taint of the statements solicited from Defendant in violation of Section 19-2-102(3)(c)(I).
[emphasis added] Other cases which strictly adhere to the Miranda mandate include: United States ex rel. Placek v. Illinois, 546 F.2d 1298 (7th Cir. 1976); United States ex rel. Williams v. Twomey, 467 F.2d 1248 (7th Cir. 1972); South Dakota v. Long, 465 F.2d 65 (8th Cir. 1972), cert. denied, 409 U.S. 1130, 93 S.Ct. 951, 35 L.Ed.2d 263 (1973); Evans v. Swenson, 455 F.2d 291 (8th Cir.), cert. denied, 408 U.S. 929, 92 S.Ct. 2508, 33 L.Ed.2d 342 (1972); United States v. Noa, 443 F.2d 144 (9th Cir. 1971); Smith v. Rhay, 419 F.2d 160 (9th Cir. 1969); Gilpin v. United States, 415 F.2d 638 (5th Cir. 1969); United States v. Fox, 403 F.2d 97 (2d Cir. 1968); Atwell v. United States, 398 F.2d 507 (5th Cir. 1968); Lathers v. United States, 396 F.2d 524 (5th Cir. 1968); United States v. Vanterpool, 394 F.2d 697 (2d Cir. 1968); Montoya v. United States, 392 F.2d 731 (5th Cir. 1968); Groshart v. United States, 392 F.2d 172 (9th Cir. 1968); Windsor v. United States, 389 F.2d 530 (5th Cir. 1968); People v. Vigil, 175 Colo. 373, 489 P.2d 588 (1971); Burger v. State, 242 Ga. 28, 247 S.E.2d 834 (1978); People v. Prim, 53 Ill.2d 62, 289 N.E.2d 601 (1972), cert. denied, 412 U.S. 918, 93 S.Ct. 2731, 37 L.Ed.2d 144 (1973); Burton v. State, 260 Ind. 94, 292 N.E.2d 790 (1973); Jones v. State, 253 Ind. 235, 252 N.E.2d 572 (1969); People v. Whisenant, 11 Mich. App. 432, 161 N.W.2d 425 (1968); State v. Fossen, 255 N.W.2d 357 (Minn. 1977).
Many, many other courts, while recognizing that findings and conclusions subsequent to a suppression of evidence hearing are not required by statute or rule, have nevertheless held them to be the "better practice" and very "desirable." See, e.g., United States v. Heimforth, 493 F.2d 970 (9th Cir.), cert. denied, 416 U.S. 908, 40 L.Ed.2d 113, 94 S.Ct. 1615 (1974); United States v. Jones, 475 F.2d 723, 728 (5th Cir.), cert. denied, 414 U.S. 841, 38 L.Ed.2d 77, 94 S.Ct. 96 (1973); United States v. Sicilia, 457 F.2d 787, 788 (7th Cir. 1972); United States v. Montos, 421 F.2d 215, 219 n. 1 (5th Cir. 1970); United States v. Vickers, 387 F.2d 703 (4th Cir. 1967); People v. Duncan, supra; People v. Vigil, 175 Colo. 373, 489 P.2d 588 (1971); Espinoza v. People, 178 Colo. 391, 497 P.2d 994 (1974); State v. Thomas, 332 So.2d 87 (Fla.Dist.Ct.App. 1976); State v. Hysell, 281 So.2d 417 (Fla.Dist.Ct.App. 1973); People v. Bonds, 26 Ill. App.3d 703, 325 N.E.2d 388 (1975); State v. Brant, 150 N.W.2d 621 (Iowa 1967); Commonwealth v. Forrester, 365 Mass. 35, 309 N.E.2d 190 (1974); People v. Russo, 45 App. Div.2d 1040, 357 N.Y.S.2d 890 (1974); State v.Hughes, 20 Ore. App. 493, 532 P.2d 818 (1975).
We agree that the dictates of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 were not complied with in this case and we therefore reverse defendant's conviction. The record indicates that this case suffers from the same infirmity in the Miranda warning as discussed in People v. Vigil, 175 Colo. 373, 489 P.2d 588. "The warnings given in the instant case fall short of the requirements in Miranda * * * * [H]e was not informed that if he desired to have an attorney present but could not afford one, one would be appointed for him without charge."
" Physical evidence which is the fruit of a statement improperly obtained from an adult is inadmissible, e.g., People v. Vigil, 175 Colo. 373, 489 P.2d 588 (1971), and we can discern no reason why the rights of a juvenile in this regard should be any less than those of an adult. See People v. Reyes, 174 Colo. 377, 483 P.2d 1342 (1971); People in the Interest of B.M.C., 32 Colo. App. 79, 506 P.2d 409 (1973).