Seizure of motor vehicles or component parts by peace officers

Colo. Rev. Stat. § 42-5-107, under AUTOMOBILE THEFT.

Colo. Rev. Stat. § 42-5-107

All peace officers are authorized to take and hold possession of any motor vehicle or component part if its engine number, vehicle identification number, or manufacturer's serial number has been altered, changed, or obliterated or if such officer has good and sufficient reason to believe that the motor vehicle or component part is not in the rightful possession of the driver or person in charge thereof.

Source: L. 94: Entire title amended with relocations, p. 2442, § 1, effective January 1, 1995.

ANNOTATION

The term "good and sufficient reason" interpreted to mean reasonable suspicion that criminal activity had occurred or was about to occur. People v. Litchfield, 918 P.2d 1099 (Colo. 1996).

Police had reasonable suspicion to believe criminal activity occurred where the driver of a rental vehicle in Colorado produced two unsigned rental agreements for the vehicle, one of which was for the wrong vehicle, where the rental agreement prohibited driving outside of Arizona or Nevada, and where the driver offered conflicting reasons for being in the state. People v. Litchfield, 918 P.2d 1099 (Colo. 1996).

Temporary detention of a vehicle pursuant to this section did not constitute an impoundment justifying an administrative inventory search of the vehicle's trunk. People v. Litchfield, 918 P.2d 1099 (Colo. 1996).

Right to arrest without warrant. In view of this section, an officer, who has been instructed that the woman he is to look for is driving a stolen car, that she has been placed under arrest, and has escaped from the deputy sheriff, may under these circumstances arrest even without warrant. People ex rel. Little v. Hutchinson, 9 F. 2d 275 (8th Cir. 1925).