C.R.S. Section 18-9-312
Hostage, endangered person, or armed person in geographical area

  • telephone, electronic, cellular, or digital communications

(1)

Intentionally left blank —Ed.

(a)

Notwithstanding the provisions of sections 18-9-302 to 18-9-311, any supervising representative of a law enforcement agency shall have the authority to order a previously designated security employee of a communications or internet access provider to arrange, to the extent the necessary technology is reasonably available to the provider, to cut, reroute, or divert telephone lines or cellular or digital communications signals if the supervising representative has probable cause to believe that:

(I)

A person has taken one or more other persons hostage and is holding the hostages in the geographical area in which the supervising representative has jurisdiction; or

(II)

A person has barricaded himself or herself in a structure or a motor vehicle within the geographical area in which the supervising representative has jurisdiction and the supervising representative has a reasonable belief that the person is armed with a deadly weapon or explosive device and poses a danger to himself or herself or others.

(b)

The supervising representative of a law enforcement agency may order the cutting, rerouting, or diverting of telephone lines or cellular or digital communications signals pursuant to paragraph (a) of this subsection (1) only for the purpose of preventing telephone or other electronic, cellular, or digital communication by the hostage holder or the armed person with any person other than a peace officer or a person authorized by the peace officer. The communications or internet access provider shall restore the normal operations of the telephone lines or cellular or digital communications signals as soon as practicable following resolution of the exigent circumstances.

(1.5)

Intentionally left blank —Ed.

(a)

Notwithstanding the provisions of sections 18-9-302 to 18-9-311, any supervising representative of a law enforcement agency may order a previously designated security employee of a wireless telecommunications provider to provide to the law enforcement agency, without requiring the agency to obtain a court order, location information concerning the telecommunications device of a named person if the supervising representative has probable cause to believe that:

(I)

An emergency situation exists that involves the risk of death or serious bodily injury to the named person or to another person who is in the named person’s company; and

(II)

The time required to obtain a search warrant or other court order authorizing the acquisition of the information would increase such risk.

(b)

A wireless telecommunications provider may establish protocols by which the provider discloses location information, provided that such protocols shall include keeping a record of:

(I)

The name of the supervising representative of a law enforcement agency that requested the location information; and

(II)

The time and date when the request was made.

(c)

With regard to compliance with the requirements of this subsection (1.5), no cause of action may be brought against any wireless telecommunications provider, its officers, employees, agents, or other specified persons for providing location information in response to a request from a law enforcement agent with actual or apparent authority to act as a supervising representative under this subsection (1.5).

(d)

A law enforcement agency that acquires information pursuant to this subsection (1.5) shall not divulge the acquired information to any person other than to another law enforcement agency, or an employee thereof, unless the law enforcement agency has obtained a court order stating that the information was lawfully obtained and authorizing the law enforcement agency to retain the information, as described in subparagraph (I) of paragraph (d) of this subsection (1.5).

(e)

Intentionally left blank —Ed.

(I)

Not more than forty-eight hours after ordering a previously designated security employee of a wireless telecommunications provider to provide information as described in paragraph (a) of this subsection (1.5), a law enforcement agency shall request a court order stating whether:

(A)

At the time that the supervising representative of a law enforcement agency ordered the previously designated security employee of a wireless telecommunications provider to provide the information, the supervising representative had probable cause to believe that the conditions described in paragraph (a) of this subsection (1.5) existed; and

(B)

The law enforcement agency may retain the information for a bona fide investigative purpose.

(II)

Unless a court orders that the law enforcement agency may retain the information for a bona fide investigative purpose, as described in sub-subparagraph (B) of subparagraph (I) of this paragraph (e), the law enforcement agency shall destroy the information and not retain any copy of the information for any purpose.

(III)

If the court issues an order stating that the supervising representative of the law enforcement agency did not have probable cause to believe that the conditions described in paragraph (a) of this subsection (1.5) existed and that the information was not lawfully obtained, then neither the information nor any other evidence that is obtained as a result of the law enforcement agency’s acquisition of the information may be admitted in any subsequent criminal proceeding unless the information or other evidence was also acquired independently in a lawful manner.

(IV)

Any ruling by a court that the information obtained may be retained for a bona fide investigative purpose shall not be considered a ruling on the admissibility of the evidence in any criminal proceeding under the constitutional and statutory provisions of the United States or Colorado.

(2)

The serving communications or internet access provider within the geographical area of a law enforcement agency shall designate a security official employed by the provider and an alternate to provide all required assistance to law enforcement officials to carry out the purposes of this section.

(3)

Good faith reliance on an order by any supervising representative of a law enforcement agency shall constitute a complete defense to any action brought against a communications or internet access provider or any of its employees or agents in connection with actions taken under this section. A communications or internet access provider and its employees or agents shall not be liable in any civil action to any person or entity for injuries, death, or loss to any person or property incurred as a result of any act or omission resulting from, connected with, or incidental to compliance with this section.

Source: Section 18-9-312 — Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑9‑101
Definitions 18‑9‑102
Inciting riot 18‑9‑103
Arming rioters 18‑9‑104
Engaging in a riot 18‑9‑105
Disobedience of public safety orders under riot conditions 18‑9‑106
Disorderly conduct 18‑9‑107
Obstructing highway or other passageway 18‑9‑108
Disrupting lawful assembly 18‑9‑108.5
Residential picketing - legislative declaration 18‑9‑109
Interference with staff, faculty, or students of educational institutions 18‑9‑110
Public buildings - trespass, interference - penalty 18‑9‑111
Harassment - Kiana Arellano’s Law 18‑9‑112
Loitering - definition - legislative declaration 18‑9‑113
Desecration of venerated objects 18‑9‑114
Hindering transportation 18‑9‑115
Endangering public transportation and utility transmission 18‑9‑115.5
Violation of a restraining order related to public conveyances 18‑9‑116
Throwing missiles at vehicles - harassment of bicyclists 18‑9‑116.5
Vehicular eluding 18‑9‑117
Unlawful conduct on public property 18‑9‑118
Firearms, explosives, or incendiary devices in facilities of public transportation 18‑9‑119
Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs 18‑9‑120
Terrorist training activities - penalties - exemptions 18‑9‑121
Bias-motivated crimes 18‑9‑122
Preventing passage to and from a health-care facility - engaging in prohibited activities near facility 18‑9‑123
Bringing alcohol beverages, bottles, or cans into the major league baseball stadium 18‑9‑124
Hazing - penalties - legislative declaration 18‑9‑125
Interference with a funeral 18‑9‑201
Definitions 18‑9‑201.5
Scope of part 2 18‑9‑202
Cruelty to animals - aggravated cruelty to animals - service animals - short title 18‑9‑202.5
Impounded animals - costs of impoundment, provision, and care - disposition - procedures - application - definition 18‑9‑204
Animal fighting - penalty 18‑9‑204.5
Unlawful ownership of dangerous dog - legislative declaration - definitions 18‑9‑205
Disposition of fines 18‑9‑206
Unauthorized release of an animal - penalty - restitution 18‑9‑207
Tampering or drugging of livestock 18‑9‑208
Forfeiture of animals 18‑9‑209
Immunity for reporting cruelty to animals - false report - penalty 18‑9‑301
Definitions 18‑9‑302
Wiretapping and eavesdropping devices prohibited - penalty 18‑9‑303
Wiretapping prohibited - penalty 18‑9‑304
Eavesdropping prohibited - penalty 18‑9‑305
Exceptions 18‑9‑306
Abuse of telephone and telegraph service 18‑9‑306.5
Obstruction of telephone or telegraph service 18‑9‑309
Telecommunications crime 18‑9‑309.5
Civil remedies - injunctions - forfeiture 18‑9‑310
Unlawful use of information - penalty 18‑9‑310.5
False statement to the CBI for sex offender registry information 18‑9‑311
Automated dialing systems prohibited 18‑9‑312
Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications 18‑9‑313
Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions 18‑9‑313.5
Personal information on the internet - election officials - definitions 18‑9‑314
Interference with lawful distribution of newspapers - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 18-9-312’s source at colorado​.gov