CO · jury_instructions
CJI-Civ. 21:11
Privilege of Peace Officer 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. [Insert any of the privileges afforded a private person in Instruction 21:10 which may
be applicable]) (or)
(2. a. The defendant was a peace officer acting within the scope of [insert applicable
pronoun] authority at the time of the arrest; and
b. The plaintiff had committed or was committing a criminal offense in the presence
of the defendant; and
c. The defendant arrested the plaintiff for that offense) (or)
(3. a. The defendant was a peace officer acting within the scope of [insert applicable
pronoun] authority at the time of the arrest; and
b. The defendant believed and had probable cause to believe that a criminal offense
had been committed, whether it had or not; and
c. The defendant believed and had probable cause to believe the plaintiff had
committed that criminal offense; and
d. The defendant arrested the plaintiff for that offense).
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
d11cf7843840820d920c895313b6ae839e01f270026389bfce07a0b142bb2ee0
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