Being Wrongfully Arrested in Colorado
I was arrested without cause — here's what Colorado law says and what to do next.
Statute: Colo. Rev. Stat. § 13-21-131 (Enhance Law Enforcement Integrity Act — SB 20-217)
Deadline: 180 days
Penalty: Section 1983 claims have a 2-year statute of limitations in Colorado. LANDMARK: Colorado eliminated qualified immunity for state law claims under SB 20-217 (2020). Officers are personally liable for constitutional violations up to $25,000 (or more if acting in bad faith). The government entity must indemnify unless the officer was convicted of a crime or acted in bad faith
What is being wrongfully arrested?
Police can't arrest you without probable cause — a fact-based reasonable belief that you've committed a crime. An arrest without it is a false arrest and a Fourth Amendment violation. The standard is lower than "beyond reasonable doubt" but higher than a hunch — it's what a reasonable officer, looking at the same facts, would conclude.
Below the arrest line is the Terry stop — a brief investigative detention, named after Terry v. Ohio (1968), that requires only reasonable suspicion of criminal activity. Police can stop and ask questions, and pat you down for weapons if they reasonably believe you're armed and dangerous. They can't stop you just because you "look suspicious," because of your race, or because you refused to answer questions on the street.
What to Do If You Were Arrested Without Probable Cause
Step 1: Find out where you stand. "Am I free to leave?" If no, you're detained. "Am I under arrest?" These two questions clarify the legal posture and create a record on body cam.
Step 2: Don't physically resist. Comply with the body, but say it on the record: "I do not consent to this arrest."
Step 3: Ask the basis. "What is the probable cause for my arrest?" The officer should be able to point to a specific crime. The answer (or lack of one) becomes evidence.
Step 4: Watch the clock. A Terry stop is supposed to be brief — typically 20–30 minutes max. Hold you longer without an arrest, and the stop has likely ripened into an unlawful seizure.
Step 5: After release, document. Names, badge numbers, exact times, witnesses, anything said. File internal affairs and DOJ complaints, and call a civil rights attorney while the details are fresh. § 1983 has a state-borrowed limitations period — often two or three years — but earlier is always better.
How Colorado differs from federal law
Colorado provides strong remedies for false arrest, especially following the 2020 police reform law:
- False arrest (false imprisonment) is a recognized tort in Colorado
- Officers must have probable cause or a valid warrant to make an arrest
- CO law permits warrantless arrests for felonies and for misdemeanors committed in the officer's presence (CRS § 16-3-102)
- Colorado eliminated qualified immunity for officers in state civil rights claims (SB 20-217) — officers can be held personally liable
- Victims can sue under Colorado law and under 42 U.S.C. § 1983
- The Colorado Governmental Immunity Act (CRS § 24-10-101 et seq.) has been modified to allow civil rights claims against peace officers
- Colorado has a 2-year statute of limitations for personal injury claims (CRS § 13-80-102)
Additional steps in Colorado
Document everything about the arrest. File a complaint with the agency's internal affairs. Consult a Colorado civil rights attorney — Colorado's elimination of qualified immunity provides stronger remedies. The Colorado Bar Association is at (303) 860-1115. Notice of claim may be required within 182 days under the Governmental Immunity Act.
What you should NOT do
Don't run. Even from an unlawful stop, running becomes evidence of consciousness of guilt and triggers extra charges. The Supreme Court in Illinois v. Wardlow (2000) held that flight in a high-crime area can itself be reasonable suspicion.
Don't lie. Silence is your right. False statements to officers — fake name, fake address — are separate misdemeanors or felonies in most states.
Don't argue the law on the street. The officer doesn't decide who's right and the sidewalk is the worst possible courtroom. Save it for your lawyer.
Don't assume you have no proof. Body cams, dash cams, business surveillance, neighborhood Ring cameras, bystander phones. Records often surface late but they surface.
Don't wait — the clock is ticking.
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Generate your police complaint →This page is general legal information for Colorado, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Colorado.