{"id":372046,"date":"2019-07-08T13:46:44","date_gmt":"2019-07-08T18:46:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/colorado-law\/police-misconduct-laws-in-colorado.html"},"modified":"2019-07-09T08:45:06","modified_gmt":"2019-07-09T13:45:06","slug":"police-misconduct-laws-in-colorado","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/colorado-law\/police-misconduct-laws-in-colorado.html","title":{"rendered":"Police Misconduct Laws in Colorado"},"content":{"rendered":"\n
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Police Misconduct Laws in Colorado<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Many Colorado residents believe a police officer’s job is to keep everyone safe, and that police will treat them fairly until they can "have their day in court." Unfortunately, this is not always the case.<\/p>\r\n

Colorado’s police misconduct laws are clear but finding the line between what is necessary for the officer’s safety and what is illegal can be complicated. Police misconduct can involve any actions by staff and employees of the Colorado police force that are unethical, illegal, or in violation of your rights under the U.S. Constitution. However, law enforcement officers have some "qualified immunity" that protects them from civil lawsuits as long as they do not invade the victim’s rights. Knowing your rights is the first step to knowing when misconduct occurs.<\/p>\r\n

Colorado Police Misconduct Law Overview<\/h2>\r\n

The table below reviews the Colorado and Federal laws involving police interactions and arrests.<\/p>\r\n\r\n
Statutes<\/b><\/td>\r\n

Colorado’s police misconduct laws are in Colorado’s Revised Statutes, Title 18 (Criminal Code). The relevant sections are:<\/p>\r\n

Your Rights During Police Interactions<\/b><\/td>\r\n

You have individual rights that protect you from police wrongdoing. During an interaction with a police officer in Colorado, you have the right to:<\/p>\r\n

When Can You Be Legally Arrested?<\/b><\/td>\r\n

Colorado only considers an arrest to be legal if the following criteria apply:<\/p>\r\n

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  • There are specific and articulable facts giving police probable cause to detain you;<\/li>\r\n
  • There is visible evidence of a crime, or the officer has a valid warrant; or<\/li>\r\n
  • There is reasonable suspicion or evidence that you intend to commit a crime.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Initiating a Civil Rights Claim Against a Colorado Police Officer<\/b><\/td>\r\n

The federal government will always investigate a police misconduct crime through the Department of Justice (DOJ). To bring a police misconduct claim against the police branch or an individual, your attorney will need to prove:<\/p>\r\n