Title 16, Criminal Proceedings

(1) Articles 1 to 13 of this title shall be known and may be cited as the Colorado Code of Criminal Procedure. Within those articles, the Colorado Code of Criminal Procedure is sometimes referred to as this code. (2) The portion of any section, subsection, paragraph, or subparagr…

The provisions of this code are intended to create, define, and protect rights, duties, and obligations as distinguished from matters wholly procedural. Except as specifically set forth in this code, the provisions of this code are not applicable to proceedings under the Colorado…

This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration, the elimination of unjustifiable expense and delay, the effective apprehension and trial of p…

(1) The following definitions in this section are applicable generally in this code. Other terms which need definition, but which are used only in a limited number of sections of this code are defined in the particular section or article in which the terms appear. Definitions set…

(1) In interpreting this code, such words and phrases as are defined in this article shall have the meanings indicated by their definitions, unless a particular context clearly requires a different meaning. (2) Words or phrases not defined in this code but which are defined in th…

(1) Whenever a written application for a warrant is required, it shall include both a written application and a sworn or affirmed affidavit. A peace officer may submit an application and affidavit for a warrant and the court may issue the warrant by an electronically or electroma…

(1) The general assembly hereby finds and declares that: (a) The report on the pilot project on criminal background checks for child care providers, prepared for the state department of human services, was presented to the general assembly in August of 2000; (b) Said report conta…

(1) In a trial or hearing, all official records and documents of the state of Colorado, as defined in section 42-2-121 (2)(c), C.R.S., shall: (a) Be admissible in all county and district courts within the state of Colorado without further foundation; (b) Be statutory exceptions t…

(1) The general assembly finds and declares that: (a) Over the past forty years, a large body of peer-reviewed scientific research and practice has demonstrated that simple systematic changes in the administration of eyewitness identification procedures by all law enforcement age…

(1) As used in this section, unless the context otherwise requires: (a) P.O.S.T.-certified means certified by the peace officers standards and training board created in section 24-31-302. (b) Showup means an identification procedure in which an eyewitness is presented with a sing…

In order to provide a simple and expeditious method for the prosecution of misdemeanors and petty offenses in county courts but one which also guarantees to the defendant his constitutional rights, the general assembly does hereby establish a simplified criminal procedure for mis…

As used in sections 16-2-104 to 16-2-114, summons and complaint means a document combining the functions of both a summons and a complaint. Source: L. 72: R&RE, p. 193, � 1. C.R.S. 1963: � 39-2-102.

(1) Sections 16-2-102 to 16-2-114 apply only to the prosecution of misdemeanors and petty offenses in county courts under simplified procedure and have no application to misdemeanors or petty offenses prosecuted in other courts or to felonies. (2) Any matter arising in a proceedi…

A summons and complaint may be issued by any peace officer for an offense constituting a misdemeanor or a petty offense committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committ…

Source: L. 72: R&RE, p. 193, � 1. C.R.S. 1963: � 39-2-105. L. 98: Entire section repealed, p. 946, � 2, effective May 27.

A summons and complaint issued by a peace officer shall contain the name of the defendant, shall identify the offense charged, including a citation of the statute alleged to have been violated, shall contain a brief statement or description of the offense charged, including the d…

A summons issued out of the county court after a complaint is filed need contain only the date, time, and place of appearance of the defendant, but a copy of the complaint shall be attached to and served with the summons. Source: L. 72: R&RE, p. 194, � 1. C.R.S. 1963: � 39-2-107.…

The place at which the summons directs the defendant to appear shall be the place at which the court having jurisdiction over the matter customarily sits. It shall be a location at which the county court of the county in which the offense was alleged to have been committed sits r…

A summons issued by the county court in a prosecution for a misdemeanor or petty offense may be served by giving a copy to the defendant personally or by leaving a copy at the defendant's usual place of abode with some person over the age of eighteen years residing therein or by …

If a person upon whom a summons or summons and complaint has been served pursuant to this part 1 fails to appear in person or by counsel at the place and time specified therein, a bench warrant may issue for his arrest. Source: L. 72: R&RE, p. 194, � 1. C.R.S. 1963: � 39-2-110. L…

Any person charged with a misdemeanor or petty offense by complaint filed in the county court shall be admitted to bail or pretrial release as provided in article 4 of this code. When the county judge or judges are not immediately available for purposes of admission to bail or pr…

If a peace officer makes an arrest without a warrant of a person for a misdemeanor or a petty offense, the arrested person shall be taken without unnecessary delay before the nearest available county or district judge. Thereafter, a complaint shall be filed immediately in the cou…

(1) Upon appearance of the defendant before the judge in response to a summons or following arrest for a misdemeanor or a petty offense and in all proceedings thereafter unless otherwise provided in this code, the Colorado rules of criminal procedure are applicable. Prosecution m…

(1) The defendant may appeal a judgment of the county court in a criminal action under simplified procedure to the district court of the county. To appeal, the defendant shall, within thirty-five days after the date of entry of the judgment or the denial of posttrial motions, whi…

(1) When a person is arrested for a civil infraction, the arresting officer may give the person a penalty assessment notice pursuant to section 16-2.3-102 and release the person upon its terms. (1.5) The provisions of subsection (1) of this section notwithstanding, when an office…

(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…