If police in Colorado detain you on reasonable suspicion of criminal activity, you are required to provide the following information if asked:
- your name
- your address
- your ID (if you have it)1
Or if police pull you over for an alleged traffic violation, you are required to provide the following if asked:
- your driver’s license
- car registration
- proof of insurance2
But otherwise, you are not obligated to provide police any other information or answers to their questions.
1. Do I have to show my ID to police in Colorado?
Colorado law requires you to provide police your ID in two situations (if you are asked):
- The officer stops you on suspicion that you committed a crime;3 or
- You get pulled over for an alleged traffic violation.4
2. Do I have to answer police questions?
Other than in the above-mentioned situations, you are not obligated to speak to police in Colorado. Since anything you say can be used against you, it is recommended that you politely decline to answer any questions by law enforcement.
Note that if you get arrested, you should definitely exercise your Fifth Amendment right to remain silent and then hire an attorney to speak for you. Even when police act like they are your friends and want to help you out, they can and will twist your words to show that you are guilty of a crime.
3. When can police pat me down?
If you are being detained on suspicion of a crime, police may lawfully pat you down (“stop and frisk”) if they have a reasonable suspicion to believe you are armed and dangerous.5
4. What is the difference between being detained and arrested?
Police may “detain” you if they have reasonable suspicion that you committed a crime. And they should detain you no longer than necessary to determine whether to arrest you or not.
If the police stop you, you can ask if you are free to leave. If they reply no, then you are being detained. You are not obligated to answer any questions other than your name, address, and ID.6
Meanwhile, police may “arrest” you if they have probable cause to believe you committed a crime. (“Probable cause” is a higher standard than the bar for detainment, which is “reasonable suspicion.”)7
Once you are arrested, the police will take you to the station to book you. And a judge will determine whether you can be released on bail or your own recognizance pending the resolution of your criminal charge.
Motorists must show their driver’s license during traffic stops in Colorado.
5. Do police have to read me my Miranda rights while I am being arrested?
No. In fact, police never have to “Miranda-ize” you following an arrest unless they ask you questions (called “custodial interrogation”).8
In TV and films, police dramatically read suspects their Miranda rights as soon as they are being cuffed. But in reality, you are not entitled to be told of your rights to remain silent and to have an attorney unless the police are questioning you. And in some low-level cases, police never question you at all.
So if you get arrested, make sure to stay silent. Anything you say can be used as evidence against you even if you have not been read your rights yet.
Legal References
- CRS 16-3-103.
- CRS 42-2-115. CRS 42-4-1409. CRS 42-3-121.
- See note 1.
- See note 2.
- Terry v. Ohio (1968) 392 U.S. 1.
- People v. Rodriguez (1997) 945 P.2d 1351. See notes 1 and 2.
- People v. Castaneda (2011) .
- Miranda v. Arizona, (1966) 384 US 436. CRS 16-3-406. House Bill 23-1155.
