Who can make a 'citizen's arrest' in Colorado?

Top Denver criminal defense attorney discusses citizen's arrests in Colorado.

CITIZEN'S ARRESTS IN COLORADO

Police are not the only people who can place people under arrest in Colorado. Under C.R.S. 16-3-201, private citizens can make an arrest but only if the crime happens in their presence or if there is enough evidence to suggest the crime just happened.

A common example of a citizen’s arrest is a person witnessing a thief grab another person’s purse or wallet, and then that person tackles and holds the thief to the ground until the police arrive.

A citizen can use physical force to make a citizen's arrest as long as it is reasonable and appropriate to the situation. It cannot be more than what is necessary to make the arrest and prevent an escape.

In rare cases, citizens can even use deadly force to make an arrest. But they have to reasonably believe that deadly force is necessary to defend themselves or someone else from deadly harm.

People who make an illegal citizen’s arrest face various criminal charges, such as assault, false imprisonment, kidnapping, and disorderly conduct.

Additionally, they can be sued by the person who was wrongfully arrested for large money damages.

But the defendant may be able to escape criminal and civil liability if it can be shown that:

1. The defendant was acting out of necessity, or
2. The defendant was acting in lawful self defense or defense of others, or
3. The defendant was helping a police officer

COLORADO LEGAL DEFENSE GROUP

If you or a loved one is charged with a crime we invite you to contact us at Colorado Legal Defense Group. We can provide a free consultation in office or by phone. We serve Denver, Lakewood, Littleton, Aurora, Colorado Springs, Fort Collins, Pueblo, Boulder, Broomfield, Grand Junction, Eagle, Aspen, Breckenridge, Vail and throughout Colorado.

Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211
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