reglab/housing_qa huggingface dataset:
CO Code § 16-3-110 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 1 - Authority of Peace Officer to Make an Arrest|§ 16-3-110. Peace Officers - Duties

  For the purposes of this section, “peace officer” means:   A peace officer as described in section 16-2.5-101; or    A federal law enforcement officer who, pursuant to federal statutes and the policy of the agency by which the officer is employed, is authorized to use deadly physical force in the performance of his or her duties.       A peace officer shall have the authority to act in any situation in which a felony or misdemeanor has been or is being committed in such officer's presence, and such authority shall exist regardless of whether such officer is in the jurisdiction of the law enforcement agency that employs such officer or in some other jurisdiction within the state of Colorado or whether such officer was acting within the scope of such officer's duties when he or she observed the commission of the crime, when such officer has been authorized by such agency to so act. The local law enforcement agency having jurisdiction shall be immediately notified of the arrest and any person arrested shall be released to the custody of the local law enforcement agency.    This section shall not be construed to authorize any federal officer to use deadly physical force in excess of that authorized in section 18-1-707, C.R.S.     History. Source: L. 93: Entire section added, p. 703, § 1, effective July 1. L. 96: Entire section amended, p. 735, § 4, effective July 1. L. 2003: (1)(a) amended, p. 1624, § 43, effective August 6.    ANNOTATION   Law reviews. For article, “Controlling the Criminal Justice System: Colorado as a Case Study”, see 94 Denv. L. Rev. 497 (2017).   When officers stopped driver for a traffic infraction outside their jurisdiction, they violated subsection (2). Turning without a signal is a traffic infraction, not a felony or misdemeanor, under Colorado law. United States v. Gonzales, 535 F.3d 1174 (10th Cir.), cert. denied, 555 U.S. 1077, 129 S. Ct. 743, 172 L. Ed. 2d 740 (2008).
CO Code § 16-3-201 (2021)
2021 Colorado Code|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 .    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).
CO Code § 16-3-202 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 2 - Authority of Person Not a Peace Officer to Make an Arrest|§ 16-3-202. Assisting Peace Officer - Arrest - Furnishing Information - Immunity

  A peace officer making an arrest may command the assistance of any person who is in the vicinity.    A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.    A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.    Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.     History. Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-202 . L. 77: (4) added, p. 851, § 1, effective July 1.    Cross references:   For refusing to aid a peace officer, see § 18-8-107 ; for authority of sheriffs to command aid, see § 30-10-516 .   ANNOTATION   Aid of citizen does not make him agent of state in state action cases. The mere existence of the common-law right of a private citizen to aid in an arrest is not such significant state involvement as to make him an agent of the state, for in state action cases it has been required that the state enforce or require adherence to some unconstitutional private act and the mere fact that the state common law or custom permits the act is not sufficient to support a finding of state action under the federal civil rights act. Warren v. Cummings, 303 F. Supp. 803 (D. Colo. 1969 ) (decided under repealed § 39-2-20 , C.R.S. 1963).   Applied in People v. Lott, 197 Colo. 78 , 589 P.2d 945 (1979).
CO Code § 16-3-203 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 2 - Authority of Person Not a Peace Officer to Make an Arrest|§ 16-3-203. Preventing a Crime - Reimbursement

 Any person who is not a peace officer as defined in section 24-31-301 (5) , C.R.S., who is made the defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled to all his court costs and to reasonable attorney fees incurred in such action.   History. Source: L. 77: Entire section added, p. 852, § 1, effective June 19. L. 83: Entire section amended, p. 962, § 6, effective July 1, 1984. L. 92: Entire section amended, p. 1097, § 5, effective March 6.    Cross references:    For awarding of attorney fees in civil actions generally, see § 13-17-102.    For the legislative declaration contained in the 1992 act amending this section, see section 12 of chapter 167, Session Laws of Colorado 1992.     ANNOTATION   This section shifts payment of the defendant's court costs and reasonable attorney fees to the plaintiff when the defendant prevails and the court finds that the defendant acted in good faith to prevent what he or she thought was a current or future crime. Schwankl v. Davis, 85 P.3d 512 (Colo. 2004).
CO Code § 16-3-301.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 3 - Searches and Seizures|§ 16-3-301.5. Search Warrant for Firearms Possessed by a Respondent in an Extreme Risk Protection Order

  Any court may issue a search warrant to search for and take custody of any firearm in the possession of a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13 if the application for the warrant complies with all required provisions of section 16-3-303 and also provides facts sufficient to establish by probable cause:   That the named person is a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13; and    That the named person is in possession of one or more firearms; and    The location of such firearms; and    Any other information relied upon by the applicant and why the applicant considers such information credible and reliable.       The return or disposal of any firearm taken custody of pursuant to this section shall be accomplished pursuant to section 13-14.5-109.     History. Source: L. 2019: Entire section added,(HB 19-1177), ch. 108, p. 399, § 3, effective April 12.
CO Code § 16-3-302 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 3 - Searches and Seizures|§ 16-3-302. Search Warrants - Municipalities - Inspections - Grounds

 A search warrant may be issued by a judge of any municipal court by compliance with the applicable rule of the Colorado municipal court rules.   History. Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-302 .
CO Code § 16-3-305 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 3 - Searches and Seizures|§ 16-3-305. Search Warrants - Direction - Execution and Return

  Except as otherwise provided in this section, a search warrant shall be directed to any officer authorized by law to execute it in the county wherein the property is located.    A search warrant issued by a judge of a municipal court shall be directed to any officer authorized by law to execute it in the municipality wherein the property is located.    Any judge issuing a search warrant, on the grounds stated in section 16-3-301, for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported may make an order authorizing a peace officer to be named in the warrant to execute the same, and the person named in such order may execute the warrant anywhere in the state. All sheriffs, coroners, police officers, and officers of the Colorado state patrol, when required, in their respective counties, shall aid and assist in the execution of such warrant. The order authorized by this subsection (3) may also authorize execution of the warrant by any officer authorized by law to execute it in the county wherein the property is located.    When any officer, having a warrant for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported is in pursuit thereof and the person, motor vehicle, aircraft, or other object crosses or enters into another county, such officer is authorized to execute the warrant in the other county.    It is the duty of all peace officers into whose hands any search warrant comes to execute the same, in their respective counties or municipalities, and make due return thereof. Procedures consistent with this section for the execution and return of search warrants may be provided by rule of the supreme court.    A search warrant shall be executed within fourteen days after its date.     History. Source: L. 72: R&RE, p. 201, § 1. C.R.S. 1963: § 39-3-305 . L. 2012: (6) amended,(SB 12-175), ch. 208, p. 844, § 60, effective July 1.    ANNOTATION   Annotator's note. For further annotations concerning search and seizure, see § 7 of art. II of the Colo. Const., and Crim. P. 41.   Evidence seized in violation of a statutory provision may be suppressed only if the unauthorized search and seizure violated constitutional restraints on unreasonable searches and seizures. People v. Hamer, 689 P.2d 1147 (Colo. App. 1984).   Warrant describing house as within Denver when in fact the house lay one-half block outside Denver was not for that reason invalid. People v. Martinez, 898 P.2d 28 (Colo. 1995).   A warrant is not rendered stale or the resulting search unconstitutional if probable cause continued to exist when executed within the 10-day limit prescribed by subsection (6). People v. Russom, 107 P.3d 986 ( Colo. App. 2004).
CO Code § 16-3-306 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 3 - Searches and Seizures|§ 16-3-306. Search Warrants - Joinder

 The search of one or more persons, premises, places, or things, or any combination of persons, premises, places, or things, may be commanded in a single warrant or in separate warrants, if compliance is made with section 16-3-303 (1)(d) .   History. Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-306 .
CO Code § 16-3-310 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 3 - Searches and Seizures|§ 16-3-310. Oral Advisement and Consent Prior to Search of a Vehicle or a Person During a Police Contact

     Prior to conducting a consensual search of a person who is not under arrest, the person's effects, or a vehicle, a peace officer shall comply with paragraph (b) of this subsection (1).    A peace officer may conduct a consensual search only after articulating the following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects. The factors are:   The person is being asked to voluntarily consent to a search; and    The person has the right to refuse the request to search.       After providing the advisement required in paragraph (b) of this subsection (1), a peace officer may conduct the requested search only if the person subject to the search voluntarily provides verbal or written consent. Other evidence of knowing and voluntary consent may be acceptable, if the person is unable to provide written or verbal consent.       A peace officer providing the advisement required pursuant to subsection (1) of this section need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement.    If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.    This section shall not apply to a search conducted pursuant to section 16-3-103, a valid search incident to or subsequent to a lawful arrest, or a search for which there is a legal basis other than voluntary consent. This shall include, but not be limited to, a search in a correctional facility or on correctional facility property, a detention facility, county detention facility, custody facility, juvenile correctional facility or any mental health institute or mental health facility operated by or under a contract with the department of human services, a community corrections facility, or a jail or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.     History. Source: L. 2010: Entire section added,(HB 10-1201), ch. 176, p. 638, § 1, effective April 29.    ANNOTATION   The failure of a police officer to specifically instruct a defendant that consent must be voluntary and that he or she can refuse the request to search is not determinative. A complete reading of the statute demonstrates that an officer's articulation of these two factors is only part of the totality of the circumstances analysis. People v. Munoz-Gutierrez, 2015 CO 9, 342 P.3d 439.
CO Code § 16-3-401 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 4 - Rights of Persons in Custody|§ 16-3-401. Treatment While in Custody

  No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.    Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving medical treatment while held in custody may be assessed a medical treatment charge as provided in section 17-26-104.5, C.R.S.     History. Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-401 . L. 97: (2) amended, p. 192, § 2, effective April 1.    ANNOTATION   Law reviews. For note, “The Admissibility of Confessions Obtained Before Arraignment -- Federal Rule”, see 21 Rocky Mt. L. Rev. 98 (1948). For note, “Involuntary Confessions -- Fourth Stage in Colorado”, see 31 Dicta 133 (1954).   Subsection (2) not void for vagueness. “Custody” is defined in § 16-1-104 for purposes of this part 4. Denver Health & Hosp. v. City of Arvada, 2016 COA 12 , 405 P.3d 308, rev'd on other grounds, 2017 CO 97, 403 P.3d 609.   The duty imposed by subsection (2) on a detaining governmental entity to provide medical treatment implies an inherent obligation on the part of the entity to pay the costs of such treatment. Poudre Valley Health Care, Inc. v. City of Loveland, 85 P.3d 558 (Colo. App. 2003), overruled in City of Arvada v. Denver Health & Hosp., 2017 CO 97, 403 P.3d 609.   Section does not create a private right of action for a health care provider against an entity holding a person arrested or in custody. Statute does not identify a duty owed to health care providers nor create or impute a private right of action by a health care provider. However, a health care provider may establish a claim for unjust enrichment. City of Arvada v. Denver Health & Hosp., 2017 CO 97, 403 P.3d 609 (overruling Poudre Valley Health Care Inc. v. City of Loveland, 85 P.3d 588 (Colo. App. 2003)).
CO Code § 16-3-403 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 4 - Rights of Persons in Custody|§ 16-3-403. Right to Consult With Attorney

 Any person committed, imprisoned, or arrested for any cause, whether or not such person is charged with an offense, shall be allowed to consult with an attorney-at-law of this state whom such person desires to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. Except where extradition proceedings have been completed or are not required by law, when any such person is about to be moved beyond the limits of this state, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this state for the security of personal liberty.   History. Source: L. 72: R&RE, p. 203, § 1. C.R.S. 1963: § 39-3-403 .    ANNOTATION   Annotator's note. Since § 16-3-403 is similar to repealed laws antecedent to CSA, C 48, § 560, relevant cases construing those provisions have been included in the annotations to this section.   Language of this section and § 16-3-404 does not confer a statutory right to private attorney-client consultation which is broader than the corollary constitutional right. People v. Dehmer, 931 P.2d 460 (Colo. App. 1996).   Under this section any person restrained of his liberty for any cause whatever has the right to consult counsel. Ingles v. People, 92 Colo. 518 , 22 P.2d 1109 (1933).   And the person denied rights of such paramount importance must of necessity be the person aggrieved, for this section cannot well be held to refer to any other. McPhail v. Delaney, 48 Colo. 411 , 110 P. 64 (1910).   Commitment to state hospital does not deny right. The commitment of a defendant adjudged not guilty by reason of insanity to the state hospital cannot be construed to deny the right given by this section. Ingles v. People, 92 Colo. 518 , 22 P.2d 1109 (1933).   Only remedy for violation of statutory provision is the fine provided for in § 16-3-404 (2) . People v. Parsons, 15 P.3d 799 (Colo. App. 2000).
CO Code § 16-3-404 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 4 - Rights of Persons in Custody|§ 16-3-404. Duty of Officers to Admit Attorney

  All peace officers or persons having in custody any person committed, imprisoned, or arrested for any alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned, alone and in private, at the jail or other place of custody, if such person so imprisoned expressly consents to see or to consult with the attorney.    Any peace officer or person violating the duty imposed by this section or section 16-3-403 shall forfeit and pay not less than one hundred dollars nor more than one thousand dollars to the person imprisoned or to his attorney for the benefit of the person imprisoned, to be recovered in any court of competent jurisdiction.     History. Source: L. 72: R&RE, p. 203, § 1. C.R.S. 1963: § 39-3-404 .    Cross references:   For the crime of official oppression for denial of opportunity to consult an attorney, see § 18-8-403 (1)(b) .   ANNOTATION   Law reviews. For article, “Criminal Procedure in Colorado -- A Summary and Recommendations for Improvement”, see 22 Rocky Mt. L. Rev. 221 (1950).   Annotator's note. Since § 16-3-404 is similar to repealed laws antecedent to CSA, C 48, § 560, relevant cases construing those provisions have been included in the annotations to this section.   Language of this section and § 16-3-403 does not confer a statutory right to private attorney-client consultation which is broader than the corollary constitutional right. People v. Dehmer, 931 P.2d 460 (Colo. App. 1996).   This section is a general statute, and in an action against a sheriff for refusing to permit counsel to consult a prisoner, it is not necessary to specifically declare upon the statute, but a complaint which states the facts is sufficient. McConathy v. Deck, 34 Colo. 232 , 82 P. 702 (1905).   It is intended for benefit of prisoner. There is but one aggrieved person, either the attorney or the prisoner, and the section is plainly intended for the exclusive protection and benefit of the prisoner. The object is to give the individual restrained of his liberty the opportunity to see and consult an attorney, to determine whether he is unlawfully imprisoned, and to prepare for and properly make defense against whatever charge is preferred. McPhail v. Delaney, 48 Colo. 411 , 110 P. 64 (1910).   Only remedy for violation of statutory provision is the fine provided for in subsection (2). People v. Parsons, 15 P.3d 799 (Colo. App. 2000).   Applied in Nees v. Bishop, 524 F. Supp. 1310 (D. Colo. 1981 ).