Arrest by peace officer from another jurisdiction - definitions.

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(1) As used in this section:

  1. "State" means any state of the United States and the District of Columbia;

  2. "Peace officer" means any officer of another state having powers of arrest in thatstate;

  3. "Fresh pursuit" means the pursuit without unnecessary delay of a person who hascommitted a crime or who is reasonably believed to have committed a crime.

  1. Any peace officer of another state who enters this state in fresh pursuit and continueswithin this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as a peace officer of this state has to arrest and hold a person in custody.

  2. Except as otherwise provided by law, if an arrest is made in this state by a peaceofficer of another state in accordance with the provisions of this section, he shall without unnecessary delay take the person arrested before the nearest available judge of a court of record. Such judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await the time provided by law for issuance of an extradition warrant by the governor of this state, or the waiver thereof, and shall set bail if the offense is bailable under the laws of the state of Colorado. If the judge determines that the arrest was unlawful, he shall order the discharge of the person arrested.

Source: L. 72: R&RE, p. 198, § 1. C.R.S. 1963: § 39-3-104.


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