16-3-108. Issuance of arrest warrant without information or complaint.

Statute text

A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. The court shall issue a warrant for the arrest of such person commanding any peace officer to arrest the person so named and to take the person without unnecessary delay before the nearest judge of a court of record. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.

History

Source: L. 72: R&RE, p. 199, 1. C.R.S. 1963: 39-3-108. L. 95: Entire section amended, p. 463, 3, effective July 1.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "One Year Review of Criminal Law and Procedure", see 39 Dicta 81 (1962).

Annotator's note. Since 16-3-108 is similar to repealed 39-2-3, C.R.S. 1963, relevant cases construing that provision have been included in the annotations to this section.

This section does not authorize a private citizen to seek an arrest warrant. Kailey v. Chambers, 261 P.3d 792 (Colo. App. 2011).

An arrest warrant is not appropriate where there are no facts to show that the arrestee has yet committed a criminal offense. People v. Hively, 173 Colo. 485, 480 P.2d 558 (1971).

But federal warrants supported by affidavits provide basis for arrest. Even though the complaint filed by a district attorney, standing alone, would not support an arrest warrant because no facts were set forth to establish probable cause, where federal warrants were supported by affidavits which complied with all constitutional requirements, they provided a legitimate basis for an arrest. Sergent v. People, 177 Colo. 354, 497 P.2d 983 (1972).

Applied in People v. Schultz, 200 Colo. 47, 611 P.2d 977 (1980).