Even though Longmont police warned a man four times he was under arrest, told him "we are going to take you to jail" and stood in his doorway, the Colorado Supreme Court on Monday ruled that the man was not effectively in custody at the time. If Willoughby showed him evidence that proved his side of the story, "then it will probably change you going to jail, but I’m not going to tell you one way or another. The fact that Arvisais allowed Willoughby to smoke changed the circumstances little, in her view