Colorado § 16-3-108 - Issuance of arrest warrant without information or complaint.
Full text of Colorado Colorado Revised Statutes § 16-3-108 — Issuance of arrest warrant without information or complaint., with citation guidance and answers to common questions.
§ 16-3-108. Issuance of arrest warrant without information or complaint.
A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. 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. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.
Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-108. L. 95: Entire section amended, p. 463, § 3, effective July 1.
ANNOTATION
Law reviews. For article, "One Year Review of Criminal Law and Procedure", see 39 Dicta 81 (1962).
Annotator's note. Since § 16-3-108 is similar to repealed § 39-2-3, C.R.S. 1963, relevant cases construing that provision have been included in the annotations to this section.
This section does not authorize a private citizen to seek an arrest warrant. Kailey v. Chambers, 261 P.3d 792 (Colo. App. 2011).
An arrest warrant is not appropriate where there are no facts to show that the arrestee has yet committed a criminal offense. People v. Hively, 173 Colo. 485, 480 P.2d 558 (1971).
But federal warrants supported by affidavits provide basis for arrest. Even though the complaint filed by a district attorney, standing alone, would not support an arrest warrant because no facts were set forth to establish probable cause, where federal warrants were supported by affidavits which complied with all constitutional requirements, they provided a legitimate basis for an arrest. Sergent v. People, 177 Colo. 354, 497 P.2d 983 (1972).
Applied in People v. Schultz, 200 Colo. 47, 611 P.2d 977 (1980).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-3-108
What does Colorado Revised Statutes § 16-3-108 cover?
Section 16-3-108 ("Issuance of arrest warrant without information or complaint.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-3-108?
A common citation format is "Colorado Revised Statutes § 16-3-108" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-3-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.