Colo. R. Crim. P. 4.2

As amended through Rule Change 2024(12), effective July 28, 2024

Rule 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.

Colo. R. Crim. P. 4.2

Source: Entire rule amended July 16, 1992, effective 11/1/1992; entire rule amended and effective 9/9/2004; entire rule amended and effective 2/10/2011.

Committee Comment

This rule is intended to facilitate the issuance of warrants by eliminating the need to physically carry the supporting affidavit to the judge (see Section 16-1-106 , C.R.S.).

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).