Title 16, Criminal Proceedings

(1) An arrest may be made on any day and at any time of the day or night. (2) All necessary and reasonable force may be used in making an arrest. (3) All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authori…

(1) A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) Any crime has been or is being committed by such person in his presence; or (c) He has probable cause to believe that an offense was committed and has probable cause…

(1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any p…

(1) As used in this section: (a) State means any state of the United States and the District of Columbia; (b) Peace officer means any officer of another state having powers of arrest in that state; (c) Fresh pursuit means the pursuit without unnecessary delay of a person who has …

(1) When a person has been arrested without a warrant, he may be released by the arresting authority on its own authority if: (a) The arresting officer or a responsible command officer of the arresting authority is satisfied that there are no adequate grounds for criminal complai…

When any peace officer is in fresh pursuit of any alleged offender, having a warrant for his arrest or having knowledge that such warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed in the officer's presence or the officer has reasonab…

It is lawful for any peace officer who has the custody of any alleged offender following an arrest to pass through any counties which lie on his route between the place of arrest and the county to which he is taking the alleged offender and to lodge him in any jail on his route f…

(1) As used in this section, unless the context otherwise requires: (a) Contracting entity means any person or entity contracting with this state, another state, or a political subdivision of this or another state to transport a prisoner; except that contracting entity shall not …

A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. The co…

A peace officer, as described in section 16-2.5-101, who, while off duty, is employed in a capacity specifically permitted by policies and procedures adopted by such officer's governmental entity employer shall possess the status and authority which would otherwise be afforded an…

(1) For the purposes of this section, peace officer means: (a) A peace officer as described in section 16-2.5-101; or (b) A federal law enforcement officer who, pursuant to federal statutes and the policy of the agency by which the officer is employed, is authorized to use deadly…

A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest. Source: L. 72: R&RE, p. 199, � 1. C.R.S. 1963: � 39-3-201. 16-3-202. Assisting peace officer - arres…

(1) A peace officer making an arrest may command the assistance of any person who is in the vicinity. (2) A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance. (3) A person commanded to assist a peace officer in …

Any person who is not a peace officer as defined in section 24-31-301 (5), C.R.S., who is made the defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled t…

(1) A search warrant authorized by this section may be issued by any judge of a court of record. (2) A search warrant may be issued under this section to search for and seize any property: (a) Which is stolen or embezzled; or (b) Which is designed or intended for use as a means o…

(1) A judge of a court of record may order the production of records. (2) A court may order the production of records under this section to require the production of records in the actual or constructive control of a business entity: (a) That have been stolen or embezzled; (b) Th…

(1) Any court may issue a search warrant to search for and take custody of any firearm in the possession of a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13 if the application for the warr…

A search warrant may be issued by a judge of any municipal court by compliance with the applicable rule of the Colorado municipal court rules. Source: L. 72: R&RE, p. 200, � 1. C.R.S. 1963: � 39-3-302.

(1) A search warrant shall issue only on affidavit sworn to or affirmed before the judge and relating facts sufficient to: (a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched; (b) Identify or describe, as nearly as may be, the prope…

(1) As used in this section, unless the context otherwise requires: (a) Electronic communication service means a service that provides the ability to send or receive wire or electronic communications to users of the service. (b) Electronic device means a device that enables acces…

(1) As used in this section, unless the context otherwise requires: (a) “Communicable disease” means a disease or infection that is spread from one person to another through the exchange of blood or other bodily fluid and the human immunodeficiency virus (HIV). (b) “Emergency med…

(1) If the judge is satisfied that grounds for the application exist or that there is probable cause to believe that such grounds exist, he shall issue a search warrant, which shall: (a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be search…

(1) The general assembly finds and declares that: (a) When law enforcement enters a dwelling, the safety and preservation of life of all occupants and law enforcement officers is paramount; (b) A no-knock entry into a dwelling can increase danger and confusion because occupants m…

The search of one or more persons, premises, places, or things, or any combination of persons, premises, places, or things, may be commanded in a single warrant or in separate warrants, if compliance is made with section 16-3-303 (1)(d). Source: L. 72: R&RE, p. 202, � 1. C.R.S. 1…

Nothing in this part 3 shall be construed to require the issuance of a search warrant in cases in which such warrant is not required by law. This statute does not modify any statute inconsistent with it, regulating search, seizure, and the issuance and execution of search warrant…

(1) Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the trial court if the court determines that the evidence was seized by a peace officer, as described in section 16-2.5-101, as a result of a good faith mistake or of a technical violat…

(1) When evidence is seized in so small a quantity or unstable condition that qualitative laboratory testing will not leave a sufficient quantity of the evidence for independent analysis by the defendant's expert and when a state agent, in the regular performance of his duties, c…

(1) (a) Prior to conducting a consensual search of a person who is not under arrest, the person’s effects, or a vehicle, a peace officer shall comply with paragraph (b) of this subsection (1). (b) A peace officer may conduct a consensual search only after articulating the followi…

(1) A person has the right to lawfully record any incident involving a peace officer and to maintain custody and control of that recording and the device used to record the recording. A peace officer shall not seize a recording or recording device without consent, without a searc…

(1) When a peace officer makes a warrantless entry into a dwelling in which occupants are unaware law enforcement is present and making entry, the officer shall: (a) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for t…

As used in this part 4, unless the context otherwise requires: (1) Authorized representative means a professional person who is employed by or under contract with an attorney, the attorney's office, or with a state agency to assist in providing legal representation to a person co…

(1) No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody. (2) Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving…

(1) A person who is arrested has the right to communicate with an attorney of the person's choice and a member of the person's family by making a reasonable number of telephone calls or by communicating in any other reasonable manner. The communication must be permitted at the ea…

A person committed, imprisoned, or arrested for any cause, whether or not the person is charged with an offense, is allowed to consult with an attorney-at-law of this state or the attorney's authorized representative whom the person desires to see or consult, alone and in private…

(1) All peace officers or persons having in custody a person committed, imprisoned, or arrested for any alleged cause shall forthwith admit an attorney-at-law in this state or the attorney's authorized representative, upon the demand of the confined person or of a friend, relativ…

(1) No person arrested for a traffic or a petty offense shall be strip searched, prior to arraignment, unless there is reasonable belief that the individual is concealing a weapon or a controlled substance or that the individual, upon identification, is a parolee or an offender s…

(1) The general assembly finds and declares that: (a) The United States constitution and the state constitution declare a privilege against self-incrimination and a right to counsel to be fundamental rights; (b) Without procedural safeguards, custodial interrogation by law enforc…

(1) If a person has posted a bond in a criminal case, at any stage of a criminal proceeding, and the person is released to the United States immigration and customs enforcement agency, the court shall issue a warrant commanding the arrest of the person when contacted anywhere wit…

(1) A court shall not dismiss criminal charges against a person because the person has been removed or is facing removal from the United States prior to a conviction or other disposition of all criminal charges against the person; except that the court may dismiss the criminal ch…

On and after June 6, 2017, a law enforcement agency holding a defendant charged with a criminal offense shall not notify the defendant's bail bonding agent or a noncompensated surety before the bond is posted that his or her bond or fees may be forfeited if the defendant is remov…

(1) On and after July 1, 2017, except as provided for in subsection (2) of this section, when a peace officer reasonably believes he or she is investigating a class 1 or class 2 felony or a felony sexual assault described in section 18-3-402, 18-3-404, 18-3-405, or 18-3-405.5, C.…

As used in this part 7, unless the context otherwise requires: (1) State means the state of Colorado. (2) Tribal court means any court or other federally or tribally established tribunal of a federally recognized Tribe duly established pursuant to federal law or Tribal law, inclu…

A state court shall give full faith and credit to an arrest warrant issued by a Tribal court of a federally recognized Tribe.

(1) Upon issuance of a Tribal court arrest warrant, a peace officer in the state may apprehend the person identified in the Tribal warrant if the peace officer verifies the validity of the warrant and confirms that the warrant permits extradition. The law enforcement agency in th…