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Traffic Stops

C.R.S. 42-2-115 — the license handed over on reasonable suspicion, and proof of insurance on paper or a phone

No one may drive a motor vehicle on a highway in Colorado without a current license or instruction permit in immediate possession.

  • C.R.S. 42-2-101
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Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.

  • A driver who has the license on them may not refuse to take it out of a wallet or cover and hand it to an officer who reasonably suspects a traffic violation.
  • After a crash, or on request at any lawful traffic contact, the owner or driver presents evidence of a complying insurance policy.
  • That evidence includes the policy shown on a cell phone or other electronic device.
  • C.R.S. 42-2-115
  • C.R.S. 42-4-1409

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Whren v. United States
  • Pennsylvania v. Mimms
  • Maryland v. Wilson
  • Brendlin v. California
  • Rodriguez v. United States
  • Schneckloth v. Bustamonte
Sources for this section (9)
  1. C.R.S. 42-2-101 — Licenses for drivers required - penalty - definition
  2. C.R.S. 42-2-115 — License, permit, or identification card to be exhibited on demand - penalty
  3. C.R.S. 42-4-1409 — Compulsory insurance - penalty - legislative intent
  4. Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
  5. Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
  6. Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
  7. Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
  8. Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
  9. Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

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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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.