16-3-202. Assisting peace officer - arrest - furnishing information - immunity.

Statute text

(1) A peace officer making an arrest may command the assistance of any person who is in the vicinity.

(2) A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.

(3) 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.

(4) 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.

Annotations

Cross references: For refusing to aid a peace officer, see 18-8-107; for authority of sheriffs to command aid, see 30-10-516.

Annotations

 

ANNOTATION

Annotations

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 Warren v. Cummings, 303 F. Supp. 803 (D. Colo. 1969) (decided under repealed 39-2-20, C.R.S. 1963).

This section grants immunity for citizens who report crimes to law enforcement in good faith. It necessarily follows that persons who report a crime in bad faith do not have immunity for their actions. Wolf v. Brenneman, 2024 COA 71, 557 P.3d 798.

Applied in People v. Lott, 197 Colo. 78, 589 P.2d 945 (1979).