A Recorded Interrogation
C.R.S. 16-3-601 — custodial questioning in a detention facility about a class 1 or class 2 felony is recorded
Since July 1, 2017, a Colorado peace officer who reasonably believes they are investigating a class 1 or class 2 felony, or a listed felony sexual assault, electronically records a custodial interrogation in a permanent detention facility of a person suspected of it.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
- The person questioned asks that it not be recorded, and the request is itself recorded or put in writing.
- The equipment fails, or is unavailable through damage or extraordinary circumstances.
- Exigent circumstances relating to public safety prevent it.
- The interrogation is outside the state.
Where a recording that was required was not made, a court may still admit evidence from the interrogation.
The recording rule on this page is the state's own. The warnings are not: the Supreme Court of the United States has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one, and that statements obtained by custodial questioning without those warnings are inadmissible in the prosecution's case in chief. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (2)
- C.R.S. 16-3-601 — Recording custodial interrogations - definitions
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.