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1988 Colorado Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagco0033 and id is 1 raw text is: Duane Woodard
Attorney General
Charles B. Howe
STATE SERVICES BUILDING
Chief Deputy Attorney General
DEPARTMENT OF LAW             1525 Sherman Street
Richard H. Forman                                       Denver, Colorado 80203
Solicitor General        OFFICE OF THE ATTORNEY GENERAL  Phone 866-3611 & 866-3621
January 25, 1988
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 authority
AG Alpha No. PS PA AGAQK
AG File No. OHR8707546/AQK
Dear 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 fol-
lowing 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

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