C.R.S. Section 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.

Source: Section 16-3-105 — Release by arresting authority, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

16‑3‑101
Arrest - when and how made 16‑3‑102
Arrest by peace officer 16‑3‑103
Stopping of suspect 16‑3‑104
Arrest by peace officer from another jurisdiction - definitions 16‑3‑105
Release by arresting authority 16‑3‑106
Peace officer may pursue offender 16‑3‑107
Custodial care of prisoner in transit 16‑3‑107.5
Transportation of prisoners - definitions 16‑3‑108
Issuance of arrest warrant without information or complaint 16‑3‑109
Peace officer - authority to make arrest while off duty 16‑3‑110
Peace officers - duties 16‑3‑201
Arrest by a private person 16‑3‑202
Assisting peace officer - arrest - furnishing information - immunity 16‑3‑203
Preventing a crime - reimbursement 16‑3‑301
Search warrants - issuance - grounds - exception - definitions 16‑3‑301.1
Court orders for the production of records - definitions 16‑3‑301.5
Search warrant for firearms possessed by a respondent in an extreme risk protection order 16‑3‑302
Search warrants - municipalities - inspections - grounds 16‑3‑303
Search warrants - application - definition 16‑3‑303.5
Location information - search warrant required - definitions 16‑3‑303.8
Testing for communicable diseases - court order required - definitions 16‑3‑304
Search warrants - contents 16‑3‑305
Search warrants - direction - execution and return - legislative declaration 16‑3‑306
Search warrants - joinder 16‑3‑307
Limiting clause 16‑3‑308
Evidence - admissibility - declaration of purpose - definitions 16‑3‑309
Admissibility of laboratory test results 16‑3‑310
Oral advisement and consent prior to search of a vehicle or a person during a police contact 16‑3‑311
Peace officer incident recordings 16‑3‑312
Warrantless entry of a dwelling 16‑3‑401
Treatment while in custody 16‑3‑402
Right to communicate with attorney and family 16‑3‑403
Right to consult with attorney 16‑3‑404
Duty of officers to admit attorney 16‑3‑405
Strip searches - when authorized or prohibited 16‑3‑406
Custodial interrogation - admissibility - legislative declaration - definition 16‑3‑501
Warrants issued for persons illegally in the country 16‑3‑502
No dismissal of cases against persons illegally in the country 16‑3‑503
Bonds for persons with immigration-related issues 16‑3‑601
Recording custodial interrogations - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 16-3-105’s source at colorado​.gov