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    “Arrest Warrants” in Colorado – A Guide to How It Works

    Arrest warrants in Colorado -- 5 things to know

    Colorado arrest warrants give police the authority to arrest and hold you in custody. To obtain a warrant, police must

    1. go to a judge, magistrate, or grand jury and
    2. present probable cause that you committed a crime.

    Arrest warrants should not be confused with other types of Colorado warrants:

    Warrant
    		 Purpose Issued By Based On
    Arrest Warrant To arrest you on suspicion of committing a crime. Judge or Magistrate Probable cause to believe you committed a crime
    Bench Warrant To arrest you if you failed to appear in court or comply with court orders. Judge Failure to appear in court or follow court orders
    Search Warrant To search a specific location for specific evidence of a crime. Judge or Magistrate Probable cause to believe evidence is present

    In this article, our Denver Colorado criminal defense lawyers discuss the following topics:

    Also listen to our informative podcast:

    1. Arrest Warrants

    An arrest warrant is a document that allows a law enforcement agency to take you into custody if they suspect you committed a crime. The warrant will likely include the following details:

    • Your name,
    • The criminal offense that you are accused of committing,
    • When and where the warrant was issued,
    • The judge who approved it, including their signature,
    • Limits on how the apprehension can be made (such as where and when the warrant can be executed), and
    • Details on the amount of bail that you would have to post.

    Ideally, arrest warrants are supposed to identify you by name. However, when your name is not known, the warrant has to make a clear enough description of you for police to be reasonably certain they are arresting the right person.1

    Why is there a warrant for my arrest?

    Seven of the most common grounds for Colorado judges issuing warrants include:

    1. The police have probable cause to suspect you of a crime, and the police submitted a sworn affidavit to the judge;
    2. FTA – Failure to appear at a required court hearing in a criminal case;
    3. Not paying a court-ordered fine or traffic ticket on time;
    4. Not paying court-ordered child support;
    5. Ignoring a subpoena to testify at a trial;
    6. Not showing up for jury duty; or
    7. Violating probation by failing to complete community service or other court-ordered sentencing terms.
    Judge in a black robe at a desk behind a gavel holding white paper and issuing an arrest warrant.

    Your criminal defense attorney may ask judges to recall your warrant.

    2. How Police Get One

    To obtain an arrest warrant, the police department or sheriff’s office needs to show a neutral and detached magistrate that there is probable cause for taking you into custody. The police’s affidavit has to be:

    • In writing, and
    • Sworn to, under oath, by the requesting police officers (affiants).2

    A neutral and detached magistrate has to be someone in the judiciary rather than a law enforcement officer.3 Plus, they should not have been involved in the investigation of the case or have any interest in it.4 Court workers who can issue an arrest warrant include:

    • Judges,
    • Magistrates,5
    • Supervised court clerks who can make probable cause judgments.6

    What is probable cause?

    Probable cause means that there is a reasonable basis to believe that you committed a crime. It is not a general accusation: Police have to support their claim with concrete evidence that is particular to the current case. The evidence can include:

    • Testimony given by a witness to a crime,
    • Anonymous tips from members of the public,
    • Results of a long investigation, and
    • Statements given by law enforcement about their interactions with you.7

    What are felony indictments?

    In rare felony cases, prosecutors choose to go through a grand jury to obtain an arrest warrant. When this happens, prosecutors have to show probable cause not to a judge but rather to the grand jury panel of 12 or 23 people.

    If the grand jury agrees that there is probable cause, they will return an indictment. The prosecutor then brings the indictment to a judge, who can issue the arrest warrant.

    Police officer holding a flashlight conducting a search in a room with several papers piled around

    People with an active warrant may be arrested at any time.

    3. How Police Make Arrests

    If there is an arrest warrant out for your arrest, police execute it by finding you, arresting you, and booking you at the police station. Unless you can bail out or are released on O.R., you are held in custody until your arraignment (where you are formally charged).

    Many arrest warrants have specific instructions about where and when the arrest can be executed based on the type of crime and your criminal history. These instructions are often made to keep others safe during the arrest.

    We have had many clients with active warrants who did not get arrested until they were pulled over for a minor traffic violation. Then when the police officer ran their name and found a “hit,” they executed the warrant by taking them into custody.

    Note that arresting officers do not need the warrant on their person when they arrest you. However, they should produce it as soon as possible upon your request.

    How long do arrest warrants stay active?

    Warrants remain in effect until:

    • the arrest, or
    • the court recalls the warrant (which is rare).

    Warrants do not expire after a certain time period. Plus they go on your criminal record.

    We also have had clients who got arrested on warrants that were years – sometimes decades – old. They often had forgotten about the crime they were being accused of committing.

    Can I be arrested out-of-state?

    Yes. An arrest warrant that was issued in Colorado can be executed in another state, and vice versa.

    The database of outstanding arrest warrants is a national one. If you are arrested in a state on another jurisdiction’s warrant, you can be extradited to the state where the crime allegedly occurred.

    4. Warrantless Arrests

    Colorado police are not required to get a warrant before arresting you if:

    • You allegedly committed a misdemeanor in the presence of a police officer,8
    • The police officer has probable cause to believe you committed a felony, and the arrest happens in a public place,9
    • The police officer has probable cause to believe a crime – no matter how minor – is occurring or has occurred,10 or
    • There are exigent circumstances, there is an emergency, or evidence would be destroyed, even if the arrest happens inside your house.11

    Graphic that shows when Colorado police can make warrantless arrests, such as if there are exigent circumstances

    5. Challenging the Warrant

    Yes. Proving that your arrest warrant was invalid requires showing that:

    • The issuing court did not have jurisdiction,
    • The judge did not sign the warrant,
    • The magistrate was not neutral or detached from the investigation,
    • The affidavit did not prove there was probable cause that you committed a crime,
    • “Facts” in the affidavit were lies, or
    • The affidavit does not provide specific and concrete facts.

    An invalid warrant “taints” the evidence that police obtain by executing the warrant. When this happens, you can ask the court to suppress (disregard) all the illegally-obtained evidence from your trial. Without this evidence, the D.A. may not be able to prove you committed a crime.

    Note that if police mistakenly arrest you when someone else was named in the warrant, they can be liable for civil damages.

    Additional Resources

    For more information, refer to the following:

    • National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
    • SearchQuarry.com – Public record provider with warrant searches by name, city or county.
    • Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
    • PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
    • CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.

    Legal References:

    1. Fourth Amendment to the U.S. Constitution (“…no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”) See also C.R.S. 16-3-108.
    2. The Fourth Amendment of the U.S. Constitution1 and Article II, Section 7 of the Colorado Constitution. (“…no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.”).
    3. Giordenello v. U.S., 357 U.S. 480 (1958), People v. Brethauer, 482 P.2d 369 (1971).
    4. People v. Trujillo, 712 P.2d 1079 (Colo. App. 1985); Shadwick v. City of Tampa, 407 U.S. 345 (1972); and Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 (1979).
    5. People v. Moreno, 176 Colo. 488 (1971).
    6. Shadwick v. City of Tampa, 407 U.S. 345 (1972).
    7. Whiteley v. Warden, Wyoming State Penitentiary, 401 U.S. 560 (1971).
    8. People v. Triantos, 55 P.3d 131 (2002).
    9. U.S. v. Watson, 423 U.S. 411 (1976) and People v. Hoinville, 553 P.2d 777 (1976).
    10. Devenpeck v. Alford, 543 U.S. 146 (2004); Atwater v. City of Lago Vista, 532 U.S. 318 (2001); and U.S. v. Robinson, 414 U.S. 218 (1973).
    11. McCall v. People, 623 P.2d 397 (1981); People v. Moreno, 176 Colo. 488 (1971); and Payton v. New York, 445 U.S. 573 (1980).

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