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1. Under Colorado law, which of the following is not an element
of a valid stop based on reasonable suspicion?
A. Specific and articulable facts
B. An inference drawn from those facts by a trained officer
C. A mere hunch unconnected to observed behavior
D. The totality of the circumstances
Answer: C
Rationale (expanded): Reasonable suspicion requires more than
a subjective hunch. Under Terry v. Ohio, 392 U.S. 1 (1968), an
officer must point to specific, articulable facts that, combined with
rational inferences, lead to a reasonable belief criminal activity
is afoot. A hunch without objective support fails the Fourth
Amendment standard. Colorado courts follow People v. Thomas,
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,2018 CO 61, holding that hunches cannot justify even a brief
investigative stop.
2. A Colorado peace officer may arrest without a warrant for a
misdemeanor if:
A. The offense occurred outside the officer’s presence but the
victim demands arrest
B. The offense was committed in the officer’s presence
C. The suspect confesses three days later
D. The suspect does not have a driver’s license
Answer: B
Rationale (expanded): C.R.S. § 16-3-102 authorizes warrantless
arrest for any crime committed in an officer’s presence. For
misdemeanors outside an officer’s presence, a warrant is
generally required unless a statutory exception applies—most
notably, domestic violence (C.R.S. § 18-6-803.6) or hot pursuit.
Victim demand alone does not create arrest authority.
3. Under Colorado’s “Make My Day” law (C.R.S. § 18-1-704.5),
deadly force is justified in a dwelling if:
A. The intruder is unarmed but arguing
B. The occupant reasonably believes the intruder has committed
a crime in the dwelling and is using unlawful force
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,C. The intruder is a lawfully present guest
D. The occupant fears future economic loss
Answer: B
Rationale (expanded): The Make My Day statute creates a
presumption that deadly force is reasonable when an occupant
reasonably believes an intruder has committed a crime inside the
dwelling and is using or about to use unlawful physical force. It
does not apply to lawful guests, unarmed non-threatening
intruders, or property-only fears. The statute is broader than
common law self-defense but still requires a reasonable belief of
criminal conduct and force.
4. What is the standard for an investigative stop (Terry stop)
under Colorado law?
A. Probable cause
B. Preponderance of evidence
C. Reasonable suspicion
D. Clear and convincing evidence
Answer: C
Rationale (expanded): Reasonable suspicion is the minimum
standard for a brief, investigatory detention. It is less than
probable cause but more than a hunch. Colorado courts in People
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, v. D.F., 933 P.2d 9 (Colo. 1997), clarified that officers must point
to objective facts and rational inferences, viewed under the
totality of circumstances.
5. A search incident to arrest in Colorado is limited to:
A. The entire house regardless of arrest location
B. The arrestee’s person and the area within immediate control
C. Any vehicle within two miles
D. Any phone found on scene
Answer: B
Rationale (expanded): Under Chimel v. California, 395 U.S. 752
(1969), and Arizona v. Gant, 556 U.S. 332 (2009), a search
incident to lawful arrest is limited to the arrestee’s person and
the area within their immediate reach (wingspan). This protects
officer safety and prevents destruction of evidence. Vehicle
searches incident to arrest are further restricted—only allowed if
the arrestee is unsecured and could access the vehicle, or if
evidence of the crime of arrest might be inside.
6. An officer receives an anonymous tip that a person has a gun.
To stop and frisk, Colorado requires:
A. Corroboration of predictive details
B. A warrant
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