§ 16-3-104 — Arrest by peace officer from another jurisdiction - definitions

Colorado § 16-3-104

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Arrest - Searches and Seizures

Text

(1)
As used in this section:

(a) State means any state of the United States and the District of
Columbia;

(b) Peace officer means any officer of another state having powers of
arrest in that state;

(c) Fresh pursuit means the pursuit without unnecessary delay of a person
who has committed a crime or who is reasonably believed to have committed a
crime.

(2) Any peace officer of another state who enters this state in fresh pursuit
and continues within this state in fresh pursuit of a person in order to arrest him on
the ground that he has committed a crime in the other state has the same authority
to arrest and hold such person in custody as a peace officer of this state has to
arrest and hold a person in custody.

(3) Except as otherwise provided by law, if an arrest is made in this state by a
peace officer of another state in accordance with the provisions of this section, he
shall without unnecessary delay take the person arrested before the nearest
available judge of a court of record. Such judge shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the judge determines that
the arrest was lawful, he shall commit the person arrested to await the time
provided by law for issuance of an extradition warrant by the governor of this state,
or the waiver thereof, and shall set bail if the offense is bailable under the laws of
the state of Colorado. If the judge determines that the arrest was unlawful, he shall
order the discharge of the person arrested.

Legislative History

Source: L. 72: R&RE, p. 198, � 1. C.R.S. 1963: � 39-3-104.