Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-3-102 (2026)

Arrest by peace officer

✓ current as of July 2026
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(1) A peace officer may arrest a person when:

(a) He has a warrant commanding that such person be arrested; or

(b) Any crime has been or is being committed by such person in his presence; or

(c) He has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested.

(2) A peace officer shall not knowingly arrest or knowingly participate in the arrest of any person who engages in a legally protected health-care activity, as defined in section 12-30- 121 (1)(d), unless the acts forming the basis for the arrest constitute a criminal offense in Colorado.

Source: L. 72: R&RE, p. 198, § 1. C.R.S. 1963: § 39-3-102. L. 77: (1)(c) amended, p. 850, § 1, effective May 20. L. 2023: (2) added, (SB 23-188), ch. 68, p. 245, § 9, effective April 14.

Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.

Notes of Decisions
Cited in 58 cases (4 in the last 5 years), 1975–2025 · leading case: People v. Wolf, 635 P.2d 213 (Colo. 1981).
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People v. Wolf, 635 P.2d 213 (Colo. 1981). · cites it 20× “Section 16-3-102, C.R.S.1973 (1978 Repl.Vol.”
People v. Hamilton, 666 P.2d 152 (Colo. 1983). · cites it 16× “8), states as follows: "(1) A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) Any crime has been or is being committed by such person in his presence; or (c) He has probable cause to believe that an offense was…”
People v. Campbell, 2018 COA 5 (Colo. Ct. App. 2018). · cites it 2× “2002); see also § 16-3-102(1)(b), C.R.S. 2017 (authorizing a peace officer to make an arrest when “[a]ny crime has been or is being committed by [a] person in his presence”).”
People v. Hoinville, 553 P.2d 777 (Colo. 1976). · cites it 10× “2d 306 (1971); section 16-3-102, C.R.S. 1973. The probable cause requirement is applicable whether *360 the arrest is made with or without a warrant.”
People v. Bland, 884 P.2d 312 (Colo. 1994). · cites it 10× “Section 16-3-102, 8A C.R.S. (1986) grants a peace officer the power to arrest a person in three distinct situations.”
People v. Roybal, 655 P.2d 410 (Colo. 1982). · cites it 12× “Schreyer, supra ; see section 16-3-102, C.R.S.1973 (1978 Repl.Vol.”
People v. Smith, 620 P.2d 232 (Colo. 1981). · cites it 6× “2d 392 (1974); section 16-3-102, C.R.S. 1973 (1978 Repl.”
People v. Saars, 584 P.2d 622 (Colo. 1978). · cites it 6× “Even though exigent circumstances excuse the need to obtain an arrest warrant, in order for a warrantless arrest to be lawful, the arresting officer, at the time of the arrest, must have had probable cause to believe that an offense had been committed and that the defendant had…”
People v. Henry, 578 P.2d 1041 (Colo. 1978). · cites it 7× “Legality of the Warrantless Arrest The appellant’s initial contention is that his warrantless arrest was made in violation of Colorado’s arrest statute, section 16-3-102, C.R.S. 1973: 1 “16-3-102.”
People v. Triantos, 55 P.3d 131 (Colo. 2002). · cites it 5× “An additional statute is applicable here, although not cited by the parties: "(1) A peace officer may arrest a person when: .”
People v. Bustam, 641 P.2d 968 (Colo. 1982). · cites it 6× “As we have said on innumerable occasions, facts and information which support a finding of probable cause need not rise to a level of certainty. "In dealing with probable cause, as the very name implies, we deal with probabilities.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “2001) (where “the person to be arrested has committed a public offense in the officer’s presence”); Colo. Rev. Stat. § 16-3-102 (l)(b) (2000) (when “[a]ny crime has been or is being committed” in the officer’s presence); Conn.”
Show all 58 citing cases →
— Colo. Rev. Stat. § 16-3-102(1) — 4 cases
People v. Severson, 561 P.2d 373 (Colo. Ct. App. 1977).
People v. Diaz, 793 P.2d 1181 (Colo. 1990).
People v. Martinez, 689 P.2d 653 (Colo. Ct. App. 1984).
Arroyo v. Eischen (D. Colo. 2025).
— Colo. Rev. Stat. § 16-3-102(1)(a) — 1 case
Peo v. Hampton (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 16-3-102(1)(b) — 2 cases
People v. Campbell, 2018 COA 5 (Colo. Ct. App. 2018). “2002); see also § 16-3-102(1)(b), C.R.S. 2017 (authorizing a peace officer to make an arrest when “[a]ny crime has been or is being committed by [a] person in his presence”).”
People v. Bloom, 577 P.2d 288 (Colo. 1978).
— Colo. Rev. Stat. § 16-3-102(1)(c) — 9 cases
People v. Bustam, 641 P.2d 968 (Colo. 1982). “As we have said on innumerable occasions, facts and information which support a finding of probable cause need not rise to a level of certainty. "In dealing with probable cause, as the very name implies, we deal with probabilities.”
People v. Burns, 615 P.2d 686 (Colo. 1980).
People v. Romero, 593 P.2d 365 (Colo. Ct. App. 1978).
People v. Henry, 578 P.2d 1041 (Colo. 1978). “Legality of the Warrantless Arrest The appellant’s initial contention is that his warrantless arrest was made in violation of Colorado’s arrest statute, section 16-3-102, C.R.S. 1973: 1 “16-3-102.”
People v. Valencia, 257 P.3d 1203 (Colo. Ct. App. 2011).
— Colo. Rev. Stat. § 16-3-102(c) — 1 case
People v. Anaya, 545 P.2d 1053 (Colo. Ct. App. 1975).
— Colo. Rev. Stat. § 16-3-102(l)(a) — 1 case
People v. Diaz, 862 P.2d 1031 (Colo. Ct. App. 1993).
— Colo. Rev. Stat. § 16-3-102(l)(c) — 7 cases
McCall v. People, 623 P.2d 397 (Colo. 1981).
People v. Bustam, 641 P.2d 968 (Colo. 1982). “As we have said on innumerable occasions, facts and information which support a finding of probable cause need not rise to a level of certainty. "In dealing with probable cause, as the very name implies, we deal with probabilities.”
People v. Rueda, 649 P.2d 1106 (Colo. 1982).
People v. Eichelberger, 620 P.2d 1067 (Colo. 1980).
People v. Crespin, 635 P.2d 918 (Colo. Ct. App. 1981).
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