Legal Question in Criminal Law in Colorado

I was told that a criminal summons (i.e.- petty offense 1 or 2/M1,M2, or M3) can be issued based on reasonable suspicion only, rather than meeting the requirements for probable cause. I thought that a summons/arrest can only be effected if probable cause is met. Could you please advise and cite case law so I can speak intelligently on the topic. Thank you.


Asked on 7/28/12, 8:14 pm

1 Answer from Attorneys
H Michael Steinberg A Colorado Criminal Defense Law Firm

Wrong -- a summons just like and arest for ANY crime must be based on probable cause. Reasonable suspicion is necessary to stop and invesitgate a person.. it is a temporary basis to detain a person..

16-3-102. Arrest by peace officer

(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.

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Answered on 7/28/12, 9:09 pm


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