Arrest - Searches and Seizures

C.R.S. tit. 16, art. 3

in effect

C.R.S. § 16-3-101 Arrest - when and how made

16-3-101. Arrest - when and how made. (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 authorized arrest.

C.R.S. § 16-3-102 Arrest by peace officer

16-3-102. Arrest by peace officer. (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 to believe that the offense was committed by the person to be arrested. (2) A peace officer shall not knowingly arrest or knowingly participate in the arrest of any person who engages in a legally protected health-care activity, as defined in section 12-30-121 (1)(d), unless the acts forming the basis for the arrest constitute a criminal offense in Colorado.

C.R.S. § 16-3-103 Stopping of suspect

16-3-103. Stopping of suspect. (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 person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest. (2) When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.

C.R.S. § 16-3-104 Arrest by peace officer from another jurisdiction - definitions

16-3-104. Arrest by peace officer from another jurisdiction - definitions. (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 committed a crime or who is reasonably believed to have committed a crime. (2) Any peace officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as a peace officer of this state has to arrest and hold a person in custody. (3) Except as otherwise provided by law, if an arrest is made in this state by a peace officer of another state in accordance with the provisions of this section, he shall without unnecessary delay take the person arrested before the nearest available judge of a court of record. Such judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await the time provided by law for issuance of an extradition warrant by the governor of this state, or the waiver thereof, and shall set bail if the offense is bailable under the laws of the state of Colorado. If the judge determines that the arrest was unlawful, he shall order the discharge of the person arrested.

C.R.S. § 16-3-105 Release by arresting authority

16-3-105. Release by arresting authority. (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 complaint against the person arrested; or (b) The offense for which the person was arrested and is being held is a misdemeanor or petty offense and the arresting officer or a responsible command officer of the arresting authority is satisfied that the person arrested will obey a summons commanding his appearance at a later date. (1.5) No person arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), C.R.S., shall be released at the scene of the alleged crime pursuant to subsection (1) of this section. (2) If the person is released in accordance with subsection (1)(b) of this section, he shall be given a summons and complaint as provided for in sections 16-2-104 and 16-2-106 and shall sign a written acknowledgment of its receipt and a promise to appear at the time and place specified.

C.R.S. § 16-3-106 Peace officer may pursue offender

16-3-106. Peace officer may pursue offender. 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 reasonable grounds to believe that the alleged offender has committed a criminal offense, and the alleged offender crosses a boundary line marking the territorial limit of his authority, such peace officer may pursue him beyond such boundary line and make the arrest, issue a summons and complaint, or issue a notice of penalty assessment.

C.R.S. § 16-3-107 Custodial care of prisoner in transit

16-3-107. Custodial care of prisoner in transit. 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 for safe custody for one night or more, as the occasion requires.

C.R.S. § 16-3-107.5 Transportation of prisoners - definitions

16-3-107.5. Transportation of prisoners - definitions. (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 include the department of corrections, any community corrections program operated pursuant to this title, or a county sheriff of a county located within the state of Colorado. (b) "Prisoner" means any person convicted of an offense in Colorado or any other state or any person under arrest for suspicion of the commission of a crime in Colorado or any other state. (c) "Secure facility" means a county, city and county, or municipal jail or a nonstate-owned prison facility, as defined in section 17-24-125 (1)(b), C.R.S. (d) "Supervising individual" means a person employed by a contracting entity to transport prisoners from one location to another. (e) "Transport" means to move a prisoner within, into, out of, or through the state of Colorado. (2) (a) A supervising individual in each vehicle in which one or more prisoners are being transported by a contracting entity shall maintain a log book that documents for each prisoner: (I) His or her name, date of birth, social security number, and any prescribed medication; (II) The name of the jurisdictional authority authorizing the transportation, the date and time that the prisoner was first picked up, and the date and time that the prisoner was released to the jurisdictional authority; (III) The date, time, length, and purpose of any stop made by the vehicle transporting any prisoner; and (IV) Information concerning any injuries suffered by the prisoner while being transported. (b) Upon request, a supervising individual shall surrender for inspection the log book required by paragraph (a) of this subsection (2) to any federal, state, county, or municipal law enforcement officer. (3) Whenever a prisoner is transported by a contracting entity, the prisoner: (a) At a minimum, shall be shackled and placed in a transport belt or chains with handcuffs and shall be under the observation of at least one supervising individual who shall remain awake; (b) (Deleted by amendment, L. 2000, p. 852, § 59, effective May 24, 2000.) (c) Shall not be shackled to another prisoner; and (d) Shall have available in the vehicle in which the prisoner is being transported appropriate attire for the season, including footwear. (3.5) Any vehicle in which one or more prisoners are being transported by a contracting entity shall only contain as many individuals as the vehicle was designed to carry. (4) (a) At least once every twenty-four hours that a prisoner is being transported by a contracting entity, the prisoner shall be housed unshackled in a cell at a secure facility for a period of not less than six hours and permitted to shower and sleep. (b) The contracting entity or the supervising individual shall, if practicable, notify the chief law enforcement officer in charge of the secure facility in which the prisoner is to be housed, at least twenty-four hours prior to the delivery of the prisoner to the secure facility, of each prisoner's name, date of birth, criminal history, and any special medical needs. (5) Whenever a vehicle transporting one or more prisoners for a contracting entity stops for more than two hours for any reason: (a) The supervising individual shall promptly notify, if practicable, the law enforcement agency of the local jurisdiction in which the vehicle is stopped; and the secure facility, of each prisoner's name, date of birth, criminal history, and any special medical needs. (5) Whenever a vehicle transporting one or more prisoners for a contracting entity stops for more than two hours for any reason: (a) The supervising individual shall promptly notify, if practicable, the law enforcement agency of the local jurisdiction in which the vehicle is stopped; and (b) All prisoners shall be housed in a secure facility unless, according to the chief law enforcement officer of the secure facility, it would be impractical to do so. (6) Whenever a vehicle transporting prisoners for a contracting entity enters the state, a supervising individual shall promptly notify the Colorado bureau of investigation of the number of prisoners and the location or locations within the state where the vehicle is scheduled to stop. (7) Whenever a prisoner is housed in a secure facility, the contracting entity shall pay to the operator of the secure facility providing the housing the actual cost of housing the prisoner. (8) Any individual or entity who violates any provision of subsections (2) to (5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars. (9) If any prisoner being transported escapes due to the negligence of the contracting entity or a supervising individual, the contracting entity shall be held liable for all actual costs incurred by any governmental entity in recapturing the escaped prisoner and all actual damages caused by the escaped prisoner while at large.

C.R.S. § 16-3-108 Issuance of arrest warrant without information or complaint

16-3-108. Issuance of arrest warrant without information or complaint. 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 court shall issue a warrant for the arrest of such person commanding any peace officer to arrest the person so named and to take the person without unnecessary delay before the nearest judge of a court of record. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.

C.R.S. § 16-3-109 Peace officer - authority to make arrest while off duty

16-3-109. Peace officer - authority to make arrest while off duty. 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 on-duty peace officer as described in section 16-2.5-101, acting within the course and scope of such officer's employment. To be within the scope of this section, a peace officer employed by a nongovernmental entity must be in uniform with the peace officer's public entity badge plainly visible, or such peace officer must have been approved for plain clothes work by the peace officer's governmental employer.

C.R.S. § 16-3-110 Peace officers - duties

16-3-110. Peace officers - duties. (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 physical force in the performance of his or her duties. (2) A peace officer shall have the authority to act in any situation in which a felony or misdemeanor has been or is being committed in such officer's presence, and such authority shall exist regardless of whether such officer is in the jurisdiction of the law enforcement agency that employs such officer or in some other jurisdiction within the state of Colorado or whether such officer was acting within the scope of such officer's duties when he or she observed the commission of the crime, when such officer has been authorized by such agency to so act. The local law enforcement agency having jurisdiction shall be immediately notified of the arrest and any person arrested shall be released to the custody of the local law enforcement agency. (3) This section shall not be construed to authorize any federal officer to use deadly physical force in excess of that authorized in section 18-1-707, C.R.S.

C.R.S. § 16-3-201 Arrest by a private person

16-3-201. Arrest by a private person. 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.

C.R.S. § 16-3-202 Assisting peace officer - arrest - furnishing information - immunity

16-3-202. Assisting peace officer - arrest - furnishing information - immunity. (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 making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer. (4) Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.

C.R.S. § 16-3-203 Preventing a crime - reimbursement

16-3-203. Preventing a crime - reimbursement. 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 to all his court costs and to reasonable attorney fees incurred in such action.

C.R.S. § 16-3-301 Search warrants - issuance - grounds - exception - definitions

16-3-301. Search warrants - issuance - grounds - exception - definitions. (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 of committing a criminal offense; or (c) Which is or has been used as a means of committing a criminal offense; or (d) The possession of which is illegal; or (e) Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or (f) The seizure of which is expressly required, authorized, or permitted by any statute of this state; or (g) Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or (h) Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding. (3) A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding. (4) Notwithstanding subsection (2) of this section, a court shall not issue a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity, as defined in section 12-30-121 (1)(d).

C.R.S. § 16-3-301.1 Court orders for the production of records - definitions

16-3-301.1. Court orders for the production of records - definitions. (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) That are designed or intended for use as a means of committing a criminal offense; (c) That are or have been used as a means of committing a criminal offense; (d) The possession of which is illegal; (e) That would be material evidence in a subsequent criminal prosecution in this state, another state, or federal court; (f) The seizure of which is expressly required, authorized, or permitted by a statute of this state or the United States; or (g) That would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest order is outstanding. (3) (a) A court shall order the production of records only on receipt of an affidavit sworn to or affirmed before the judge and relating facts sufficient to: (I) Identify or describe, as nearly as may be, the business entity that is in actual or constructive control of the records; (II) Identify or describe, as nearly as may be, the records that shall be produced; (III) Establish the grounds for issuance of the court order for production of records or probable cause to believe the grounds exist; and (IV) Establish probable cause that the records described are in the actual or constructive control of the business entity. (b) The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order for the production of records. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a court order for the production of records shall be attached to the court order for the production of records filed with the court. (4) (a) If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue a court order for the production of records, which shall: (I) Identify or describe, as nearly as may be, the business entity that is in actual or constructive control of the records; (II) Identify or describe, as nearly as may be, the records that shall be produced; (III) State the grounds or probable cause for its issuance; and (IV) State the names of the persons whose affidavits or testimony have been taken in support of the motion. (b) The court order for the production of records may also contain other and further orders that the court deems necessary to comply with the provisions of this statute, or to provide for the custody or delivery to the proper person of the records produced and seized under the order, or otherwise to accomplish the purpose of the order. (c) Unless the court otherwise directs, every court order for the production of records shall authorize a Colorado criminal investigator or peace officer: (I) To serve the order during normal business hours of the business entity or at any other convenient time for the business entity that is in actual or constructive control of the records; and (II) To receive the records during normal business hours of the business entity that is in the actual or constructive control of the records. (5) (a) A court order for the production of records may be granted to a Colorado criminal investigator or peace officer whose affidavit supports the issuance of the order. The Colorado criminal investigator or peace officer granted the order need not have authorization to execute a search warrant in the jurisdiction in which the business entity is located. or constructive control of the records. (5) (a) A court order for the production of records may be granted to a Colorado criminal investigator or peace officer whose affidavit supports the issuance of the order. The Colorado criminal investigator or peace officer granted the order need not have authorization to execute a search warrant in the jurisdiction in which the business entity is located. (b) A court order for the production of records shall be served upon the business entity to whom it is directed within fourteen days after its date. (c) A court order for production of records may be served in the same manner as a summons in a civil action or by personal service on a manager or supervisor of the business entity that is in actual or constructive control of the records or through any electronic or other means established and utilized by the business to receive service of process. (6) (a) A business entity that is properly served with a court order for the production of records shall deliver the records, or copies of the records, identified in the court order to the officer who is designated in the court order within thirty-five days after the date the court order is served. The business entity shall also provide a notarized attestation of accuracy that the records produced represent complete and accurate copies of all records identified in the court order that are in the actual or constructive control of the business entity. If the business entity does not produce all records identified in the court order for production of records, the records not produced shall be identified. The attestation of accuracy shall be signed by the records custodian, or an officer or director of the business entity, who shall attest to the truth of the attestation to the best of the person's knowledge, information, and belief. The attestation may also attest to any one or all of the following: That the records were made at or near the time by, or from information transmitted by, a person with knowledge; that the records were kept in the course of a regular business activity; and that it was the regular practice of the business to record the information contained in the records. The business entity need only provide a copy of the attestation at the time of providing the records to the officer and may provide the original of the attestation to the officer within fourteen days after providing the records. The records and attestation of accuracy shall be sufficient to establish the authenticity of the records produced, without further necessity of extrinsic evidence. (b) A business entity that is served with a court order for the production of records may file a motion in the court that issued the court order to allow for an extension of time in which to comply with the court order. The motion shall be filed within the time period required to produce the records. The motion shall state with particularity the reasons why the business entity cannot comply with the court order. The motion shall be served upon the Colorado criminal investigator or peace officer named in the court order. (c) Upon the filing of a motion for an extension of time, the court shall hold a hearing within fourteen days, unless the business entity and the Colorado criminal investigator or peace officer named in the court order agree to a later time. The court may grant an extension for a reasonable time for the business to produce the records upon good cause shown or by agreement with the Colorado criminal investigator or peace officer named in the court order. (d) Failure of the business entity to comply with the requirements of a court order for the production of records shall support a finding of contempt of court. agree to a later time. The court may grant an extension for a reasonable time for the business to produce the records upon good cause shown or by agreement with the Colorado criminal investigator or peace officer named in the court order. (d) Failure of the business entity to comply with the requirements of a court order for the production of records shall support a finding of contempt of court. (e) Upon receiving the records from the business entity, the criminal investigator or peace officer named in the court order shall file a return and inventory with the court indicating the records that have been received and the date upon which the records were received. The criminal investigator or peace officer named in the court order may also file with the court the original of the attestation of authenticity and completeness. (7) Records produced pursuant to a court order for the production of records may be supplied in any form or format that is convenient for the business entity and that may be accessed by the Colorado criminal investigator or peace officer named in the court order or his or her agency or department. Production of records using proprietary software or another method that is not accessible shall not constitute compliance with the requirements of the court order. The court may order the defendant pay the cost of production of records. (8) A cause of action shall not lie against a business entity or an officer, director, or employee, for providing records pursuant to a court order for the production of records. (9) Nothing in this section shall preclude a Colorado criminal investigator or peace officer from seeking a search warrant. (10) The provisions of this section shall govern the procedures for court orders for the production of records. Motions to suppress evidence seized pursuant to a court order for the production of records shall be governed by the rules of criminal procedure. (11) As used in this section, unless the context otherwise requires: (a) "Actual or constructive control" means the records are maintained or stored in any form or format on the premises of the business entity or at another location or facility under the custody or control of the business entity or a parent or subsidiary business, including pursuant to an agreement or contract with the business entity or any parent or subsidiary business and third-party service provider, in Colorado or elsewhere. (b) "Business entity" means a corporation or other entity that is subject to the provisions of title 7, C.R.S.; a foreign corporation qualified to do business in this state pursuant to article 115 of title 7, C.R.S., specifically including a federally chartered or authorized financial institution; a corporation or other entity that is subject to the provisions of title 11, C.R.S.; or a sole proprietorship or other association or group of individuals doing business in the state. (c) "Colorado criminal investigator" means an employee of the Colorado department of regulatory agencies, the Colorado department of labor and employment, or the Colorado department of revenue who has been classified as a criminal investigator by the director of the employing department. (d) "Peace officer" means a peace officer as described in section 16-2.5-101. (e) "Records" shall include all documents, electronic notations, journal entries, data, reports, statements, financial documentation, correspondence, electronic mail, or other information retained by a business entity in connection with business activity, but shall not include an item that is privileged pursuant to section 13-90-107, C.R.S., unless the person who possesses the privilege gives consent.

C.R.S. § 16-3-301.5 Search warrant for firearms possessed by a respondent in an extreme risk protection order

16-3-301.5. Search warrant for firearms possessed by a respondent in an extreme risk protection order. (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 warrant complies with all required provisions of section 16-3-303 and also provides facts sufficient to establish by probable cause: (a) That the named person is a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13; and (b) That the named person is in possession of one or more firearms; and (c) The location of such firearms; and (d) Any other information relied upon by the applicant and why the applicant considers such information credible and reliable. (2) The return or disposal of any firearm taken custody of pursuant to this section shall be accomplished pursuant to section 13-14.5-109.

C.R.S. § 16-3-302 Search warrants - municipalities - inspections - grounds

16-3-302. Search warrants - municipalities - inspections - grounds. 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.

C.R.S. § 16-3-303 Search warrants - application - definition

16-3-303. Search warrants - application - definition. (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 property to be searched for, seized, or inspected; (c) Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and (d) Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched. (2) The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant shall be attached to the search warrant filed with the court. (3) Procedures governing application for and issuance of search warrants consistent with this section may be established by rule of the supreme court. (4) A no-knock search warrant shall be issued only if the affidavit for such warrant: (a) Complies with the provisions of subsections (1), (2), and (3) of this section; (a.5) Establishes that a no-knock entry is necessary because of a credible threat to the life of any person, including the peace officers executing the warrant; (b) Specifically requests the issuance of a no-knock search warrant; and (c) Has been reviewed and approved for legal sufficiency and signed by a district attorney pursuant to section 20-1-106.1 (1)(b), C.R.S. Such review and approval may take place as allowed by statute or court rule or by means of facsimile transmission, telephonic transmission, or other electronic transfer. (5) If the grounds for the issuance of a no-knock search warrant are established by a confidential informant, the affidavit for such warrant shall contain a statement by the affiant concerning when such grounds became known or were verified by the affiant. The statement shall not identify the confidential informant. (6) For the purposes of this section, unless the context otherwise requires, "no-knock search warrant" means a search warrant that does not require compliance with section 16-3-305 (7)(d).

C.R.S. § 16-3-303.5 Location information - search warrant required - definitions

16-3-303.5. Location information - search warrant required - definitions. (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 access to or use of an electronic communication service, remote computing service, or location information service. (c) "Government entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. (d) "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device on a cellular telephone network or a location information service rather than obtained from a service provider. (e) "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service. (f) "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system. (2) Except as provided in subsection (3) or (4) of this section, a government entity shall not obtain the location information of an electronic device without a search warrant issued by a court pursuant to the provisions of this part 3, a subpoena, or a court order. (3) A government entity may obtain location information of an electronic device without a warrant, subpoena, or court order under any of the following circumstances: (a) The device is reported stolen by the owner; (b) In order to respond to the user's call for emergency services; (c) With the informed, affirmative consent of: (I) The owner or user of the electronic device; (II) The next of kin of the owner or user of the electronic device if the owner or user is believed to be deceased or is reported missing and unable to be contacted; or (III) The child's parent or legal guardian if the owner or user is under eighteen years of age; (d) There exist exigent circumstances such that the search would be recognized as constitutionally permissible without the warrant; (e) A representative of the government entity has a good faith belief that his or her actions were legal and, under the information available at the time, a reasonable person would believe that his or her actions were legal; (f) The owner or user of the electronic device has voluntarily or publicly disclosed the location information; (g) The electronic device has been abandoned by the owner or user; or epresentative of the government entity has a good faith belief that his or her actions were legal and, under the information available at the time, a reasonable person would believe that his or her actions were legal; (f) The owner or user of the electronic device has voluntarily or publicly disclosed the location information; (g) The electronic device has been abandoned by the owner or user; or (h) In accordance with any other judicially recognized exception to the search warrant requirement. (4) The provisions of this section do not apply to probation departments within the judicial department or to the division of adult parole within the department of corrections. (5) Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and shall not be used in an affidavit of probable cause in an effort to obtain a search warrant, subpoena, or court order. In order to seek suppression of evidence pursuant to this subsection (5) in any proceeding, the person seeking the suppression of evidence must have an ownership, leasehold, rental, or legitimate possessory interest in or a reasonable expectation of privacy in the electronic device at issue. (6) (a) A court shall not admit location information obtained pursuant to this section or evidence derived from that information at a trial, hearing, or other proceeding unless the party seeking to introduce the evidence provides a copy of the warrant, subpoena, or court order and any accompanying affidavit to each party pursuant to rule 16 of the Colorado rules of criminal procedure, or any successor rule. (b) A court may waive the requirement under paragraph (a) of this subsection (6) if the court finds that it was not possible to provide a party with the warrant, subpoena, or court order and any accompanying application within the time required by rule 16 of the Colorado rules of criminal procedure, or any successor rule, and that the party will not be prejudiced by the delay in receiving the information. (7) An electronic communication service provider and its officers, employees, or agents are not liable for providing information, facilities, or assistance in compliance with the terms of a search warrant, subpoena, or court order issued pursuant to this section or when provided without a warrant, subpoena, or court order issued pursuant to this section or if otherwise provided for by law. (8) This section does not apply to a law enforcement agency obtaining basic subscriber information from an electronic communications service provider pursuant to a valid subpoena, court order, or search warrant.

C.R.S. § 16-3-303.8 Testing for communicable diseases - court order required - definitions

16-3-303.8. Testing for communicable diseases - court order required - definitions. (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 medical care provider" has the same meaning as defined in section 18-3-201 (1), C.R.S. (c) "Emergency medical service provider" has the same meaning as defined in section 18-3-201 (1.3), C.R.S. (d) "Firefighter" has the same meaning as defined in section 18-3-201 (1.5), C.R.S. (e) "Peace officer" means any person described in section 16-2.5-101. (2) Consent. Unless a person has admitted that he or she has a communicable disease and provides confirmation of the disease, a law enforcement agency shall ask a person to voluntarily consent to a blood test to determine if the person has a communicable disease if: (a) The person committed an assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.; and (b) During or as a result of the assault, the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease. (3) Application. (a) A court shall order a person to submit blood required for a test for communicable diseases if an affidavit sworn to or affirmed before the judge establishes the following grounds for the order: (I) There is probable cause that a person committed the crime of assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.; (II) The person has been asked to voluntarily submit to a blood test for a communicable disease and the person has refused; and (III) There is probable cause to believe that the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease. (b) The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for the court order must be attached to a court order issued pursuant to this section. (4) Order. If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue the court order, which shall: (a) Identify the name or description of the individual who is to give the blood; (b) Identify the names of any persons making affidavits for issuance of the order; (c) Identify the criminal offense concerning which the order has been issued; at grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue the court order, which shall: (a) Identify the name or description of the individual who is to give the blood; (b) Identify the names of any persons making affidavits for issuance of the order; (c) Identify the criminal offense concerning which the order has been issued; (d) Identify the name of the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider; (e) Include a mandate to the officer to whom the order is directed to detain the person for only such time as is necessary to obtain the blood; and (f) Include the typewritten or printed name of the judge issuing the order and his or her signature. (5) Execution and return. (a) The blood tests must be conducted under medical supervision. A person who appears under an order of appearance issued pursuant to this section shall not be detained longer than is reasonably necessary to obtain the blood unless he or she is arrested for an offense. (b) The order may be executed and returned only within thirty-five days after its issuance. (c) The officer executing the order shall give a copy of the order to the person upon whom it is served. (6) Disclosure of results and confidentiality. (a) The results of any test on the blood obtained pursuant to an order issued under this section must be reported to the court or the court's designee, who shall then disclose the results to any person named in paragraph (d) of subsection (4) of this section who requests the disclosure. (b) Except as required by paragraph (a) of this subsection (6), the court shall keep the test results, disclosure of the test results, and any records relating to the test results or the disclosure of the test results confidential. (7) Voluntary submission. If a person described in paragraph (a) of subsection (3) of this section voluntarily submits to a test for communicable diseases, the fact of the person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.

C.R.S. § 16-3-304 Search warrants - contents

16-3-304. Search warrants - contents. (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 searched; (b) Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected; (c) State the grounds or probable cause for its issuance; and (d) State the names of the persons whose affidavits or testimony have been taken in support thereof. (2) The search warrant may also contain such other and further orders as the judge deems necessary to comply with the provisions of a statute, charter, or ordinance, or to provide for the custody or delivery to the proper officer of any property seized under the warrant, or otherwise to accomplish the purposes of the warrant. (3) Unless the court otherwise directs, every search warrant authorizes the officer executing the same: (a) To execute and serve the warrant at any time; and (b) To use and employ such force as is reasonably necessary in the performance of the duties commanded by the warrant.

C.R.S. § 16-3-305 Search warrants - direction - execution and return - legislative declaration

16-3-305. Search warrants - direction - execution and return - legislative declaration. (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 may not recognize law enforcement is making entry and may mistake the entry as entry by an unlawful intruder; (c) No-knock entries into dwellings have, in several instances across the country, included negative outcomes and the loss of life; (d) Making no-knock entries to prevent the destruction of evidence, especially in drug cases, does not justify the risk to human life; (e) No-knock entries should be made only when doing so is necessary to protect human life and not when doing so would increase the risk to human life; and (f) The standard for warrantless no-knock entries should be substantially the same as the standard for no-knock warrants. (1.5) Except as otherwise provided in this section, a search warrant shall be directed to any officer authorized by law to execute it in the county wherein the property is located. (2) A search warrant issued by a judge of a municipal court shall be directed to any officer authorized by law to execute it in the municipality wherein the property is located. (3) Any judge issuing a search warrant, on the grounds stated in section 16-3-301, for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported may make an order authorizing a peace officer to be named in the warrant to execute the same, and the person named in such order may execute the warrant anywhere in the state. All sheriffs, coroners, police officers, and officers of the Colorado state patrol, when required, in their respective counties, shall aid and assist in the execution of such warrant. The order authorized by this subsection (3) may also authorize execution of the warrant by any officer authorized by law to execute it in the county wherein the property is located. (4) When any officer, having a warrant for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported is in pursuit thereof and the person, motor vehicle, aircraft, or other object crosses or enters into another county, such officer is authorized to execute the warrant in the other county. (5) It is the duty of all peace officers into whose hands any search warrant comes to execute the same, in their respective counties or municipalities, and make due return thereof. Procedures consistent with this section for the execution and return of search warrants may be provided by rule of the supreme court. (6) A search warrant shall be executed within fourteen days after its date. (7) When a peace officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (a) Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (b) Be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge and clearly identify themselves as a law enforcement officer; (c) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and judge, for good cause, expressly authorizes execution at another time; (b) Be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge and clearly identify themselves as a law enforcement officer; (c) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and (d) Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (7)(d) does not apply if: (I) A court authorizes a no-knock warrant pursuant to section 16-3-303; or (II) The circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself.

C.R.S. § 16-3-306 Search warrants - joinder

16-3-306. Search warrants - joinder. 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).

C.R.S. § 16-3-307 Limiting clause

16-3-307. Limiting clause. 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 warrants in circumstances for which special provision is made.

C.R.S. § 16-3-308 Evidence - admissibility - declaration of purpose - definitions

16-3-308. Evidence - admissibility - declaration of purpose - definitions. (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 violation. (2) As used in subsection (1) of this section: (a) "Good faith mistake" means a reasonable judgmental error concerning the existence of facts or law which if true would be sufficient to constitute probable cause. (b) "Technical violation" means a reasonable good faith reliance upon a statute which is later ruled unconstitutional, a warrant which is later invalidated due to a good faith mistake, or a court precedent which is later overruled. (3) Evidence which is otherwise admissible in a criminal proceeding and which is obtained as a result of a confession voluntarily made in a noncustodial setting shall not be suppressed by the trial court. (4) (a) It is hereby declared to be the public policy of the state of Colorado that, when evidence is sought to be excluded from the trier of fact in a criminal proceeding because of the conduct of a peace officer leading to its discovery, it will be open to the proponent of the evidence to urge that the conduct in question was taken in a reasonable, good faith belief that it was proper, and in such instances the evidence so discovered should not be kept from the trier of fact if otherwise admissible. This section is necessary to identify the characteristics of evidence which will be admissible in a court of law. This section does not address or attempt to prescribe court procedure. (b) It shall be prima facie evidence that the conduct of the peace officer was performed in the reasonable good faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation.

C.R.S. § 16-3-309 Admissibility of laboratory test results

16-3-309. Admissibility of laboratory test results. (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, can reasonably foresee that the evidence might be favorable to the defendant, the trial court shall not suppress the prosecution's evidence if the court determines that the testing was performed in good faith and in accordance with regular procedures designed to preserve the evidence which might have been favorable to the defendant. (2) The trial court shall consider the following factors in determining, pursuant to subsection (1) of this section, whether the state has met its obligation to preserve the evidence: (a) Whether or not a suspect has been identified and apprehended and whether or not the suspect has retained counsel or has had counsel appointed for him at the time of testing; (b) Whether the state should have used an available test method more likely to preserve the results of seized evidence; (c) Whether, when the test results are susceptible to subjective interpretation, the state should have photographed or otherwise documented the test results as evidence; (d) Whether the state should have preserved the used test samples; (e) Whether it was necessary for the state agency to conduct quantitative analysis of the evidence; (f) Whether there is a sufficient sample for the defendant's expert to utilize for analysis and the suspect or defendant has made a specific request to preserve such sample; (g) If paragraph (f) of this subsection (2) cannot be complied with, in view of the small amount of evidence, or when the state's duty to preserve the evidence would otherwise be enhanced, whether it was reasonable for the state to have contacted the defendant to determine if he wished his expert to be present during the testing. (3) With regard to testing performed on blood, urine, and breath samples which form the basis for a conclusion upon which a statutory presumption arises, it is hereby declared to be the public policy of the state of Colorado that when the prosecution's evidence of test results is sought to be excluded from the trier of fact in a criminal proceeding because the testing destroyed evidence which might have been favorable to the defense, it shall be open to the proponent of the evidence to urge that the testing in question was performed in good faith and in accordance with regular procedures designed to preserve the evidence which might have been favorable to the defense, and, in such instances, the evidence so discovered should not be kept from the trier of fact if otherwise admissible. (4) For all other types of blood analysis, breath analysis, and urine analysis and for laboratory testing, such as serial number restoration, firearms testing, and gunpowder pattern testing, it is hereby declared to be the public policy of the state of Colorado that, when the prosecution's evidence of test results is sought to be excluded from the trier of fact in a criminal proceeding because of the destruction of evidence upon which the test was performed, it shall be open to the proponent of the evidence to urge that the testing in question was performed in a reasonable, good faith belief that it was proper and, in such instances, the evidence so discovered should not be kept from the trier of fact if otherwise admissible. luded from the trier of fact in a criminal proceeding because of the destruction of evidence upon which the test was performed, it shall be open to the proponent of the evidence to urge that the testing in question was performed in a reasonable, good faith belief that it was proper and, in such instances, the evidence so discovered should not be kept from the trier of fact if otherwise admissible. (5) Any report or copy thereof or the findings of the criminalistics laboratory shall be received in evidence in any court, preliminary hearing, or grand jury proceeding in the same manner and with the same force and effect as if the employee or technician of the criminalistics laboratory who accomplished the requested analysis, comparison, or identification had testified in person. Any party may request that such employee or technician testify in person at a criminal trial on behalf of the state before a jury or to the court, by notifying the witness and other party at least fourteen days before the date of such criminal trial. (6) In no event shall evidence be suppressed which results from laboratory testing performed before identification of a suspect for the sole reason that the later identified suspect or his attorney was not present at the time of the testing. (7) This section is necessary to identify the characteristics of evidence which will be admissible in a court of law. This section does not address or attempt to prescribe court procedure.

C.R.S. § 16-3-310 Oral advisement and consent prior to search of a vehicle or a person during a police contact

16-3-310. Oral advisement and consent prior to search of a vehicle or a person during a police contact. (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 following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects. The factors are: (I) The person is being asked to voluntarily consent to a search; and (II) The person has the right to refuse the request to search. (c) After providing the advisement required in paragraph (b) of this subsection (1), a peace officer may conduct the requested search only if the person subject to the search voluntarily provides verbal or written consent. Other evidence of knowing and voluntary consent may be acceptable, if the person is unable to provide written or verbal consent. (2) A peace officer providing the advisement required pursuant to subsection (1) of this section need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement. (3) If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent. (4) This section shall not apply to a search conducted pursuant to section 16-3-103, a valid search incident to or subsequent to a lawful arrest, or a search for which there is a legal basis other than voluntary consent. This shall include, but not be limited to, a search in a correctional facility or on correctional facility property, a detention facility, county detention facility, custody facility, juvenile correctional facility or any mental health institute or mental health facility operated by or under a contract with the department of human services, a community corrections facility, or a jail or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.

C.R.S. § 16-3-311 Peace officer incident recordings

16-3-311. Peace officer incident recordings. (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 search warrant or subpoena, or without a lawful exception to the warrant requirement. (2) (a) If a peace officer seeks to obtain from a person a device used to record an incident involving a peace officer in order to access the recording as possible evidence in an investigation, the officer shall first: (I) Advise the person of his or her name, his or her badge number or other identifying number, and the name of the law enforcement agency; (II) Identify the legal reason for which the information is requested; and (III) If practicable under the circumstances, inquire whether the person will voluntarily provide the officer with a copy of the specific recording that is relevant to the investigation either by voluntarily providing the device to the officer or immediately electronically transferring the information to the officer or the law enforcement agency so that the person may retain possession of his or her device, the recording, and any personal non-evidentiary private information contained on the device. (b) If the person consents voluntarily to the transfer of the device to law enforcement, the peace officer shall limit his or her search of the device to a search for the recording that is relevant evidence to the investigation, and the device shall be returned to the person upon request and with all convenient speed. (c) If the person consents to an electronic transfer of the recording, the electronic transfer shall take place as soon as possible and without unnecessary delay. (d) In circumstances when the immediate electronic transfer is not practicable or if the person does not consent to the electronic transfer of the evidentiary information or to the seizure of the device, the peace officer may arrange for the transfer or delivery of the information or device with the person to the peace officer or to the law enforcement agency by any alternative means consistent with any policies and procedures of the law enforcement agency. (e) Notwithstanding the provisions of this section, a peace officer has the authority to temporarily seize and maintain control over a device that was used to record an incident involving a peace officer for no longer than seventy-two hours to obtain a search warrant when exigent circumstances exist such that the peace officer believes it is necessary to save a life or when the peace officer has a reasonable, articulable, good-faith belief that seizure of the device is necessary to prevent the destruction of the evidentiary recording while a warrant is obtained. (3) The provisions of this section do not apply to devices seized incident to arrest. (4) Nothing in this section shall be construed to allow a person to interfere with a peace officer in the lawful performance of his or her duties.

C.R.S. § 16-3-312 Warrantless entry of a dwelling

16-3-312. Warrantless entry of a dwelling. (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 the purpose of enforcing the law; and (b) Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (1)(b) does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because: (I) Of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or (II) The officer is engaged in the hot pursuit of a fleeing suspect. (2) This section does not apply to a law enforcement officer working in an undercover capacity.

C.R.S. § 16-3-401 Treatment while in custody

16-3-401. Treatment while in custody. (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 medical treatment while held in custody may be assessed a medical treatment charge as provided in section 17-26-104.5, C.R.S.

C.R.S. § 16-3-402 Right to communicate with attorney and family

16-3-402. Right to communicate with attorney and family. (1) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or by communicating in any other reasonable manner. Such communication shall be permitted at the earliest possible time after arrival at the police station, sheriff's office, jail, or other like confinement facility to which such person is first taken after arrest. (2) If the accused is transferred to a new place of custody, his right to communicate with an attorney and a member of his family is renewed. (2.5) If the victim is able to demonstrate through the use of caller identification or other credible evidence that the incarcerated defendant has called the victim from the jail or correctional facility in violation of the protection order issued pursuant to section 18-1-1001, C.R.S., or in violation of any other valid protection order or emergency protection order in effect, the defendant shall not be entitled to further telephone calls except to such defendant's attorney, which calls shall be placed by a jail or correctional facility staff member. If the defendant was arrested for violating an order not to contact certain family members, the right to contact those family members by telephone shall be prohibited, and the jail or correctional facility staff shall place all outgoing telephone calls that the defendant wishes to make that are not identified in the protection order as prohibited. (3) (a) Consistent with the provisions of section 21-1-103, C.R.S., if any person in custody indicates in any manner his desire to speak with an attorney or the court determines that an inquiry into the matter of indigency should occur, the public defender shall be permitted to communicate with that person to determine whether that person has counsel and, if the person desires that the public defender represent him, to make an initial determination as to whether the person is indigent. If the public defender determines that the person is indigent, such person shall apply for representation by the public defender in accordance with section 21-1-103, C.R.S. (b) The public defender, upon his request and with due regard for reasonable law enforcement administrative procedures, shall be permitted to determine whether or not any person in custody has been taken without unnecessary delay before the nearest available county or district judge.

C.R.S. § 16-3-403 Right to consult with attorney

16-3-403. Right to consult with attorney. Any person committed, imprisoned, or arrested for any cause, whether or not such person is charged with an offense, shall be allowed to consult with an attorney-at-law of this state whom such person desires to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. Except where extradition proceedings have been completed or are not required by law, when any such person is about to be moved beyond the limits of this state, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this state for the security of personal liberty.

C.R.S. § 16-3-404 Duty of officers to admit attorney

16-3-404. Duty of officers to admit attorney. (1) All peace officers or persons having in custody any person committed, imprisoned, or arrested for any alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned, alone and in private, at the jail or other place of custody, if such person so imprisoned expressly consents to see or to consult with the attorney. (2) Any peace officer or person violating the duty imposed by this section or section 16-3-403 shall forfeit and pay not less than one hundred dollars nor more than one thousand dollars to the person imprisoned or to his attorney for the benefit of the person imprisoned, to be recovered in any court of competent jurisdiction.

C.R.S. § 16-3-405 Strip searches - when authorized or prohibited

16-3-405. Strip searches - when authorized or prohibited. (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 serving a sentence in any correctional facility in the state or that the individual is arrested for driving while under the influence of drugs. (2) As used in this section, "strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of such person. (3) Any strip search that is conducted shall be performed by a person of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search. (4) Every peace officer or employee of a police department or sheriff's department conducting a strip search shall obtain the written permission of the police commander or an agent thereof or a sheriff or an agent thereof designated for the purposes of authorizing a strip search in accordance with this section. (5) No search of any body cavity other than the mouth shall be conducted without the written permission of the police commander or an agent thereof or a sheriff or an agent thereof authorizing a body cavity search. The search must be performed under sanitary conditions and conducted by a licensed physician or nurse. (6) Any peace officer or employee of a police department or a sheriff's department who knowingly or intentionally fails to comply with any provision of this section commits second degree official misconduct, as defined in section 18-8-405, C.R.S. Nothing contained in this section shall preclude prosecution of a peace officer or employee of a police department or sheriff's department under any other provision of the law. (7) Nothing in this section shall be construed as limiting the statutory or common-law rights of any person for the purposes of any civil action or injunctive relief. (8) The provisions of subsections (1) to (6) of this section shall not apply when, following arraignment and pursuant to a court order, the person is taken into custody by or remanded to a sheriff or a correctional facility.

C.R.S. § 16-3-406 Custodial interrogation - admissibility - legislative declaration - definition

16-3-406. Custodial interrogation - admissibility - legislative declaration - definition. (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 enforcement can lead to inherently compelling pressures that work to undermine the will of the individual subjected to the interrogation; (c) Prior to custodial interrogation, an individual must be clearly and unequivocally apprised of the individual's rights; (d) The exercise of these rights prior to or during custodial interrogation must be fully honored; (e) In Miranda v. Arizona, 384 U.S. 436 (1966), the United States supreme court recognized procedural safeguards and that an advisement must be given prior to any custodial interrogation in order for statements from that custodial interrogation to be admitted at trial by the prosecution; (f) The court further stated in Miranda that states are free to develop their own safeguards consistent with Miranda; (g) In the decades that have followed Miranda v. Arizona, experience has demonstrated that procedural safeguards to inform individuals of their rights and to honor exercise of their rights are beneficial and just; (h) Colorado should join other states that have codified such procedural safeguards; and (i) It is the intent of the general assembly that Colorado should therefore provide independent statutory protection consistent with Miranda in no greater or lesser degree. (2) As used in this section, "custodial interrogation" has the same meaning as set forth in section 16-3-601. (3) A court shall not admit a statement made by the defendant as a result of a custodial interrogation as evidence against the defendant in any criminal trial unless the defendant, prior to making the statement, was advised in a manner that reasonably conveyed the following warnings: (a) You have the right to remain silent; (b) Anything you say can and will be used against you in a court of law; (c) You have the right to consult a lawyer prior to questioning and have the lawyer present during questioning; (d) If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you before any questioning if you request one; and (e) You can stop the interview and request to remain silent or request a lawyer at any time before or during questioning. (4) When properly raised by the defendant pursuant to rules promulgated by the Colorado supreme court, the prosecution has the burden of establishing by a preponderance of the evidence that the defendant made a knowing, intelligent, and voluntary waiver of the rights described in subsection (3) of this section. (5) Nothing in this section precludes the admission of a voluntary statement to impeach the credibility of the defendant as a witness. (6) Nothing in this section precludes the admission of a voluntary statement when the prosecution proves by a preponderance of the evidence that an exception recognized through the progeny of Miranda v. Arizona, 384 U.S. 436 (1966) applies, including the public safety exception or booking exception.

C.R.S. § 16-3-501 Warrants issued for persons illegally in the country

16-3-501. Warrants issued for persons illegally in the country. (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 within the United States and shall set the amount of the bond on the warrant. The warrant shall be entered in the Colorado crime information center and the national crime information center databases. The criminal case shall remain active for an indefinite period of time; except that the case may be dismissed upon a motion by the district attorney. (2) A bond issued pursuant to this section shall include all known aliases for the person and the person's date of birth.

C.R.S. § 16-3-502 No dismissal of cases against persons illegally in the country

16-3-502. No dismissal of cases against persons illegally in the country. (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 charges upon a motion of the district attorney. (2) A court shall not dismiss criminal charges against a person who has been convicted or pled guilty to a crime because the person has been removed or is facing removal from the United States. The defendant shall serve his or her sentence and pay all restitution prior to removal. (3) If the provisions of part 3 of article 4.1 of title 24, C.R.S., apply, the victim shall be consulted pursuant to the provisions of sections 24-4.1-302.5 and 24-4.1-303, C.R.S.

C.R.S. § 16-3-503 Bonds for persons with immigration-related issues

16-3-503. Bonds for persons with immigration-related issues. 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 removed from the country. On and after June 6, 2017, a law enforcement officer shall no longer ask a defendant or a person other than a bail bonding agent to execute a waiver prior to posting a bond for a person charged with a criminal offense that states that he or she understands that the bond or fees shall be forfeited if the defendant is removed from the country. A bail bonding agent shall not communicate to a defendant that his or her bond or fees shall be forfeited if the defendant is removed from the country.

C.R.S. § 16-3-601 Recording custodial interrogations - definitions

16-3-601. Recording custodial interrogations - definitions. (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.R.S., the peace officer shall electronically record a custodial interrogation occurring in a permanent detention facility of any person suspected of such an offense. (2) Subsection (1) of this section does not apply if: (a) The defendant requests the interrogation not be recorded, as long as this request is preserved by electronic recording or in writing; (b) The recording equipment fails; (c) Recording equipment is unavailable, either through damage or extraordinary circumstances; (d) Exigent circumstances relating to public safety prevent the preservation by electronic recording; or (e) The interrogation is conducted outside the state of Colorado. (3) Nothing in this section prevents a court from admitting a statement made in a custodial interrogation in a permanent detention facility as rebuttal or impeachment testimony of the defendant. (4) If a law enforcement agency does not make an electronic recording of the custodial interrogation as required by this section, the court may still admit evidence from the interrogation. If the prosecution, when offering the evidence from the interrogation, establishes by a preponderance of the evidence that one of the exceptions identified in subsection (2) of this section applies or the circumstances described in subsection (3) of this section apply, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet this burden of proof, the court shall provide a cautionary instruction to the jury regarding the failure to record the interrogation after admitting the evidence. The court shall instruct the jury that the failure to record the interrogation is a violation of the law enforcement agency's policy and state law and that the violation may be considered by the jury in determining the weight that is given to any statement of the defendant in violation of this policy in the course of the jury's deliberations. (5) By July 1, 2017, all law enforcement agencies shall have available equipment for making electronic recordings and have in place policies and procedures for the preservation of custodial interrogations consistent with this section. (6) For the purposes of this section, the following definitions apply: (a) "Custodial interrogation" means any interrogation of a person while such person is in custody. (b) "Custody" means restraint on a person's freedom such that a reasonable person would believe he or she is in police custody to the degree associated with a formal arrest. (c) "Electronic recording" means an audio-visual recording that accurately preserves the statements of all parties to a custodial interrogation. (d) "Interrogation" means words or conduct initiated by a law enforcement officer that the officer should know are reasonably likely to elicit an incriminating response from the suspect. (e) "Permanent detention facility" means any building, structure, or place where persons are or may lawfully be held in custody or confinement under the jurisdiction of the state of Colorado or any political subdivision of the state of Colorado, including a building housing the offices of a law enforcement agency. "Permanent detention facility" does not include a vehicle, trailer, mobile office, or temporary structure.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026