Tag: police

Colorado has some of the most comprehensive use-of-force laws in the nation. Whether you’re a peace officer, armed guard, concealed carry permit holder, or private citizen, understanding C.R.S. § 18-1-707 is essential. This statute governs how and when force can be used—and the consequences for getting it wrong.

🔹 Nonviolent Means Must Come First

Before using force, a peace officer in Colorado is required by law to exhaust all nonviolent means when possible. The use of force is only permitted when it is:

• Objectively reasonable
• Necessary to achieve a lawful goal
• Proportional to the threat involved

De-escalation is not just encouraged—it’s required.

🔹 When Officers Can Use Physical Force

According to C.R.S. § 18-1-707(1), physical force by a peace officer may only be used if:

• Nonviolent methods would be ineffective, and
• The officer needs to:
  • Effect an arrest
  • Prevent an escape
  • Protect themselves or others from imminent injury

The force must minimize harm and be tailored to the situation.

🔹 When Deadly Force Is Allowed

Deadly physical force may only be used when:

1. The suspect committed a felony involving deadly force,
2. The suspect poses an immediate threat of death or serious bodily injury, and
3. There is no reasonable alternative that would avoid that threat.

Officers must also:

• Identify themselves as law enforcement (if feasible)
• Give a verbal warning before using deadly force (if feasible)

All actions must align with the “objectively reasonable officer” standard, meaning they are judged based on what a reasonable officer would do at the time, not in hindsight.

🔹 Prohibited Tactics Under Colorado Law

Several force techniques are explicitly banned under C.R.S. § 18-1-707:

• ❌ Chokeholds – Defined as pressure on the neck or throat restricting airflow.
• ❌ Ketamine Orders – Officers may not instruct or influence EMS to administer ketamine.
• ❌ Prone Restraint – Holding someone face-down is prohibited unless deadly force is otherwise justified. If used, the restrained person must be repositioned immediately to allow breathing.

🔹 Officer Duties After Using Force

Following any use of force—especially deadly force—officers are legally required to:

• Render medical aid to injured persons as soon as practicable
• Notify next of kin in the case of serious bodily injury or death

Failure to do so could result in civil and criminal liability.

🔹 Duty to Intervene and Report

Peace officers are not only responsible for their own actions—they are legally required to hold each other accountable.

• Officers must intervene to stop another officer from using unlawful or excessive force.
• They must report it in writing to a supervisor within 10 days.

Failure to intervene or report can lead to disciplinary action, decertification, or prosecution.

🔹 Use of Force by Private Citizens (Citizen’s Arrest)

Colorado law also permits private citizens to use force under limited conditions.

Under C.R.S. § 18-1-707(6), a private person may use reasonable and appropriate force:

• To effect an arrest
• To prevent the escape of someone who committed an offense in their presence

However, deadly force is only allowed when:

• The person reasonably believes it is necessary to defend themselves or others from the imminent use of deadly force

Deadly force cannot be used merely to stop someone from fleeing or resisting a citizen’s arrest.

🔹 Assisting a Peace Officer — With Caution

C.R.S. § 18-1-707(5) allows private citizens to assist a peace officer if asked or directed to do so.

You are legally justified in using force if you’re assisting law enforcement—but only if:

• You are following a lawful order, and
• You do not know the arrest is illegal

❗ If you knowingly assist with an unlawful arrest, you may be civilly or criminally liable.

🔹 Force in Detention Facilities

Guards or officers working in jails or prisons may use deadly force only to:

• Prevent the escape of a prisoner charged with or convicted of a felony, or
• Stop an escape from maximum-security confinement

As with all uses of force, it must be objectively reasonable and necessary.

🔹 Civil Liability and Bodycam Evidence

Peace officers who use force outside the scope of the law may face:

• Criminal charges
• Loss of POST certification
• Civil lawsuits
• Employment termination

Body-worn camera footage is often the key evidence in determining if force was justified. Civilians involved in use-of-force encounters should also be aware they may be recorded, and those videos could impact legal outcomes.

🧠 Quick Definitions

✅ Conclusion

Colorado’s C.R.S. § 18-1-707 sets a high legal standard for when and how force may be used—by both officers and private citizens. Whether you’re carrying a firearm for self-defense, working in law enforcement, or training others, you need to know the law, apply it properly, and document any use-of-force decisions carefully.

⚠️ Legal Disclaimer

The information provided in this article is for general educational purposes only and does not constitute legal advice. While we strive to keep our content accurate and up to date, laws may change or be interpreted differently depending on the facts of a specific case.

If you are involved in a use-of-force incident or have questions about your legal rights or responsibilities, you should consult a qualified attorney licensed in the state of Colorado. Neither the author nor this publication assumes any liability for actions taken based on the information provided.