How to Request Denver Arrest Records
An arrest, also referred to as a seizure, is a forcible detention. In legal terms, an arrest is when a law enforcement officer is empowered by an arrest warrant to deprive a person of his/her liberty and put him/her in custody. An arrest is carried out when a criminal charge is brought against a person.
Laws and procedures related to arrests have been laid down by the Fourth Amendment to the U.S Constitution and all U.S. states, including Colorado, have to abide by these.
When is a Denver Arrest in Colorado Valid?
As per the rules of the Fourth Amendment, a Denver arrest in Colorado is valid only if made on the basis of a legal arrest warrant and there exists a “Probable Cause” for carrying out the arrest. Probable cause is defined as a degree of reasonable belief, supported by concrete evidence, that a criminal activity has occurred or is occurring and that the person to be arrested was or is involved in it. The arrest must be executed by only a law enforcement officer under the orders of a neutral judge.
There are however, exceptions to the above-mentioned arrest requirements. Arrest laws in Denver, Colorado consider all warrant-less arrests valid in the following circumstances: the delay in obtaining a warrant would have endangered human life or have led to the criminal fleeing the scene of crime, a police officer has reasonable belief that a felony is being committed in a public place, an officer is in “Hot Pursuit” of a felony criminal and it is impossible to acquire a warrant, and a person has waived his Fourth Amendment Rights and has agreed to a warrant-less arrest.
Miranda Rights
Denver arrest laws specify that the arrestee be protected by constitutional rights. Under the Miranda Rule, the arrested person is guaranteed these rights:
* The right to remain silent
* The right to be defended by an attorney present during interrogation
* The right to be provided with an attorney if s/he is unable to afford one
Denver Arrest Records in Colorado
The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) maintains a central database of criminal justice information at this site: http://www.fbi.gov/hq/cjisd/cjis.htm. Here you can find information on Denver arrests in Colorado and these state arrest records are accessible for no charge.
The information housed in this site can also be requested by a subject of an identification record. For this, you will need to submit a request in writing to CJIS. Send an identity proof like the name of the individual, the place and date of birth, and a set of fingerprint records along with the request. Mail this request or submit it to
FBI CJIS Division
Attn: SCU, Mod D-2
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
You will also have to dispatch an authorized check or money order of $18 along with the request.
Knowing about the arrest laws in Denver, Colorado and where to look for them will ensure that your constitutional rights are safeguarded and you can conduct background checks on dubious individuals.
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