CO · rules
Crim. P. 4.2
Arrest Warrant Without Information, Felony Complaint, or Complaint
If a warrant for arrest is sought prior to the filing of an information, felony complaint, or
complaint, such warrant shall issue only on affidavit sworn to or affirmed before the judge,
or a notary public and determined by a judge to relate facts sufficient to establish probable
cause that an offense has been committed and probable cause that a particular person
committed that offense. A warrant may be obtained by facsimile transmission (FAX) or
electronic transmission pursuant to procedures set forth in Rule 41, in which event the
procedure in Rule 41 shall be followed. The court shall issue a warrant for the arrest of
such person commanding any peace officer to arrest the person so named and to take the
person without unnecessary delay before the nearest judge of a court of record.
History
COMMITTEE COMMENT This rule is intended to facilitate the issuance of warrants by eliminating the need to physi- cally carry the supporting affidavit to the judge (see Section 16-1-106, C.R.S.). Source: Entire rule amended July 16, 1992, effective November 1, 1992; entire rule amended and effective September 9, 2004; entire rule amended and effective February 10, 2011. ANNOTATION This rule is codification of § 7 of art. II, Colo. Const. People v. Kelderman, 44 Colo. App. 487, 618 P.2d 723 (1980). Applied in People v. Schultz, 200 Colo. 47, 611 P.2d 977 (1980).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
679030ce848e4d28894a082def8a567174d110571ac1c736da546171e178e9cb
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