By H. Michael Steinberg – Colorado Criminal Defense Lawyer – Attorney
Colorado Criminal Law – When Can The Police Arrest Me Without A Warrant? One of the most frightening and least understood experiences in our lives can be being placed under arrest. One way to understand and to fully employ your fundamental Constitutional rights is to understand the methods and procedures used by the police to arrest you under Colorado law.
This article outlines the extent of the limits of the Colorado police power to arrest.
An arrest is seizure or forcible restraint. An arrest is an exercise of the government’s power to deprive a person of his or her liberty. It is the taking or keeping of a person in custody by legal authority, typically in response to a Colorado criminal charge.
While individuals can be taken into custody for many reasons, the Government must bring the arrestee before a Court or otherwise secure the administration of the law.
An “investigatory stop” or “detention” is not legally considered to be an “arrest.” By definition it must be limited and temporary. It can last no longer than necessary to carry out the purpose of the stop or detention.
An investigatory stop that continues for too long becomes a de facto arrest. If and when that happens, the arrest must comply with the warrant requirements of the Fourth Amendment.
While there is no “bright line” rule that clearly defines when an “investigatory stop” becomes an arrest. The Courts view each case on its facts without placing artificial time limitations on the police which will most often turn on the nature of the investigation. The Courts will look at whether the police “acted with reasonable dispatch to quickly confirm or dispel the suspicions that initially induced the investigative detention.”
A police officer may arrest a person when:
The police may arrest persons outside their jurisdiction (but within the State of Colorado) for felonies and misdemeanors that are being, or have been committed, in the presence of that police officer.
When this situation happens – the “out of jurisdiction” police officer will notify the local law enforcement agency that has jurisdiction over the location and then release the arrested person to the custody of the local law enforcement agency.
The out of jurisdiction officer will then complete a report that is used by the local law enforcement agency in completing their investigation.
A Colorado police officer has the legal right to stop any person who the police officer reasonably suspects:
That officer can require that person to show identification and ask for the following:
If the suspect is, at the time, driving a motor vehicle, the officer may also ask for:
While the person contacted is not required to answer any questions – the law does not consider this situation an “arrest.”
While the person does not have to reply, the law does not constitute an arrest. C.R.S. 16-3-103.
Colorado law allows the police to “frisk” you if you have been stopped for questioning when there is evidence of risk to his or her personal safety…that is that the office reasonably suspects that the officer’s personal safety requires it. Only then may the officer conduct a limited search, or “frisk” by patting down your outer clothing for weapons.
If officer’s frisk reveals what feels like a weapon, the officer may search for and remove the item from your clothing.
The officer may remove any:
If, and when, the frisk reveals an illegally possessed weapon, the officer may then arrest that person and conduct a full search of the person and the immediate area within the person’s reach.
Yes – A person has the right to know for what he is being arrested, and to be advised of his rights when that is required, the advisement under Miranda IF the police intends to question the person arrested.
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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.
If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.
Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case
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H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Criminal Law – When Can The Police Arrest Me Without A Warrant?