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Being Arrested

C.R.S. 16-3-102 — a warrant, a crime in the officer's presence, or probable cause, and calls at the earliest possible time

  • A peace officer in Colorado may arrest a person who is named in a warrant commanding the arrest.
  • Or a person who has committed, or is committing, any crime in the officer's presence.
  • Or a person the officer has probable cause to believe committed an offense.
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Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.

A person who is arrested has the right to communicate with an attorney of their choice and a member of their family, by a reasonable number of telephone calls or another reasonable means. It is permitted at the earliest possible time after arrival at the police station, sheriff's office or jail, and the right renews when the person is moved to a new place of custody.

  • C.R.S. 16-3-402

No unlawful means of any kind may be used to obtain a statement, admission or confession from a person in custody. Persons arrested or in custody are treated humanely and given adequate food, shelter and, if required, medical treatment.

Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It 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; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Miranda v. Arizona
  • County of Riverside v. McLaughlin
  • Riley v. California
Sources for this section (6)
  1. C.R.S. 16-3-102 — Arrest by peace officer
  2. C.R.S. 16-3-402 — Right to communicate with attorney and family
  3. C.R.S. 16-3-401 — Treatment while in custody
  4. Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
  5. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
  6. Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.

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