CO · jury_instructions
CJI-Civ. 21:10
Privilege of Any Person to Arrest Without a Warrant
The defendant, (name), is not legally responsible to the plaintiff, (name), on (insert
applicable pronoun) claim of (false imprisonment) (false arrest) if the affirmative defense of
a privilege to arrest without a warrant is proved (and you do not find such privilege, if any,
was abused). The defendant was privileged to arrest the plaintiff without a warrant if you
find (any of) the following (has) (have) been proved:
(1. The plaintiff, at the time of the arrest, was committing a crime in the presence of
the defendant, and the defendant arrested the plaintiff for that crime) (or)
(2. The plaintiff had committed a crime in the presence of the defendant, and the
defendant arrested the plaintiff for that crime immediately or after a fresh pursuit) (or)
(3. The plaintiff or someone else had committed a felony, though not necessarily in
the defendant’s presence, and the defendant arrested the plaintiff for that felony,
reasonably believing the plaintiff had committed it) (or)
(4. The plaintiff knew that his or her conduct would cause the defendant to believe
that the plaintiff was committing a crime in the defendant’s presence, and the defendant
arrested the plaintiff for that crime) (or)
(5. The plaintiff knew that his or her conduct would cause the defendant to believe
that the plaintiff had committed a crime in the defendant’s presence, and the defendant
arrested the plaintiff for the crime immediately or after a fresh pursuit) (or)
(6. The plaintiff knew that his or her conduct would cause the defendant to believe
that a felony had been committed and the defendant arrested the plaintiff for that felony,
reasonably believing the plaintiff was the person who had committed it.)
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
e6cfa1a409b15e9deb0d9f9b5b51b6a3c3f3a7b833ab5026101ccbb0943380f4
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