Colorado Revised (C.R.S.) (2016)

TITLE 16. CRIMINAL PROCEEDINGS

ARTICLE 3. ARREST – SEARCHES AND SEIZURES

PART 2. AUTHORITY OF PERSON NOT A PEACE OFFICER TO MAKE AN ARREST

16-3-201. Arrest by a private person

A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.

HISTORY: Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-201.

Editor’s note: Articles 1 to 13 of this title (excluding articles 2.5, 2.7, 8.5, 11.3, 11.5, 11.7, 11.8, and 11.9) were numbered as articles 1 to 13 of chapter 39, C.R.S. 1963. The provisions of those articles were repealed and reenacted in 1972, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to those articles prior to 1972, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. For a detailed comparison of those articles, see the comparative tables located in the back of the index.

Editor’s note: This article was repealed and reenacted in 1972. For historical information concerning the repeal and reenactment, see the editor’s note before the article 1 heading.

ANNOTATION

Law reviews. For comment, “Leake v. Cain: Abrogation of Public Duty Doctrine in Colorado?”, see 59 U. Colo. L. Rev. 383 (1988).

Annotator’s note. Since § 16-3-201 is similar to repealed § 39-2-20, C.R.S. 1963, relevant cases construing that provision have been included in the annotations to this section.

A private citizen may arrest for any crime committed in his presence. Schiffner v. People, 173 Colo. 123, 476 P.2d 756 (1970).

Officer outside of jurisdiction arrests with authority of private citizen. A peace officer acting outside the territorial limits of his jurisdiction does not have any less authority to arrest than does a person who is a private citizen. People v. Wolf, 635 P.2d 213 (Colo. 1981).

When “in presence” requirement met. The “in presence” requirement of this section is met if the arrestor observes acts which are in themselves sufficiently indicative of a crime in the course of commission. People v. Olguin, 187 Colo. 34, 528 P.2d 234 (1974).

F.B.I. agent had authority as private citizen to arrest one escaping from police station in his presence. Schiffner v. People, 173 Colo. 123, 476 P.2d 756 (1970).

Hospital security guards, like any other citizens, have the power to make a citizen’s arrest. People v. Olguin, 187 Colo. 34, 528 P.2d 234 (1974).

An arrest must be first authorized under this section before a private person can use physical force to effect the arrest. People v. Joyce, 68 P.3d 521 (Colo. App. 2002).

Applied in People v. Lott, 197 Colo. 78, 589 P.2d 945 (1979).