AGO 88-1.
Case Date | January 25, 1988 |
Court | Colorado |
Colorado Attorney General Opinions
1988.
AGO 88-1.
January 25, 1988Department of Law
Attorney General Opinion FORMAL OPINION
of DUANE WOODARD
Attorney General Opinion No. 88-1
AG Alpha No. PS PA AGAQK
David Thomas
Executive Director
Department of Public Safety
700 Kipling
Lakewood, Colorado 80215 John N. Dempsey, Chief
Colorado State Patrol
700 Kipling
Lakewood, Colorado 80215 RE: Colorado State Patrol arrest and filing
authorityDear Messrs. Thomas and Dempsey:
This opinion letter is in response to your December 9, 1987
letter, in which you inquired whether a Colorado State Patrol officer has the
authority to make an arrest for a nontraffic crime when probable cause for such
arrest develops during the course of a traffic stop.
QUESTION PRESENTED AND CONCLUSION
Your request for an Attorney General's opinion presents the
following question:
May a Colorado State Patrol officer make an arrest for, and file
a criminal case on, a nontraffic offense which was discovered during the course
of a traffic stop?
A Colorado State Patrol officer may lawfully arrest for a
nontraffic crime discovered in the course of performing his statutory duties
and in particular, in the course of and incident to, a lawful traffic stop; it
is solely within the discretion of the appropriate district attorney, however,
to make the determination of whether criminal charges will be filed following
an arrest.
ANALYSIS
Two separate statutes in the Colorado legislative scheme address
the authority and powers of the Colorado State Patrol (hereafter, "the
Patrol"): (1) the Patrol's enabling act, which states the agency's affirmative
powers and duties, sections 24-33.5-201 to 24-33.5-226, C.R.S. (1987)
(hereafter, "the Act") and (2) the peace officer statute, section 18-1-901(3),
C.R.S. (1986).
The primary duty of the Patrol is to "promote safety, protect
human life, and preserve the highways of this state...." Section
24-33.5-212(2), C.R.S. (1987). Consequently, the Act provides the Colorado
State Patrol with varying specific powers and responsibilities that range from
enforcement of the motor vehicle laws to enforcement of the automobile theft
laws, vehicle inspection, investigation of traffic accidents and closures of
highways for athletic or other special events.(fn1) The Act further provides
that Patrol officers "shall not be used ... by any authority of the state in
any manner in the enforcement of any law other than that specifically provided
in [the Act] or as may be otherwise specifically provided in any other
law of this state" (emphasis supplied).
The peace officer statute provides, in pertinent part:
"Peace officer, level I," means a police officer, undersheriff,
deputy sheriff, Colorado state patrol officer pursuant to section 24-33.5-212,
C.R.S., marshal, or security officer employed by any state institution of
higher education...
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