Colorado Criminal Lawyer BlogA Handbook For Police Contact In Colorado
A Handbook For Police Contact In Colorado
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law from both sides for over 40 years.
Introduction
I have written several articles on this subject before with good reason – it is here where most people under investigation have the capacity to cause the most harm to themselves and a future criminal case without knowing why or how it happens.
The Most Important Warnings And Information Early And Up Front
Out of the blue, a line police officer or detective appears at your front door, or maybe the phone rings, and a friendly voice identifies as a local police officer just “following up” on a case he is looking at, and just wants your “side of the story,” or they may say:
“Just talk with me for a second” – “We just want to talk, you’re not in any trouble,” or,
“Cooperating now will mean the DA goes easier on you.” – “I have a relationship with the prosecutor.”
Many people will say to themselves – “I am clearly innocent – no need for a lawyer – what can happen? Why not just tell my side?”
It may sound casual, but anything you say can and will be used against you without you being arrested. It is usually accompanied by a friendly tone and the use of first names to help lower your guard.
Other Times When Your Guard May be Lowered: An Example During A Traffic Stop (Roadside/Street)
“Do you know why I stopped/pulled you over?” — A leading question designed to get you to guess or to admit a violation, even one the officer didn’t observe.
Answering those routine questions guarantees you will either confess to something or admit a violation. The correct response? “No, officer” — (no explanation needed).
Next, the officer asks, “Nothing illegal in here, right? Mind if I take a look?”— This “casual request” technique frames a search as no big deal, so refusing feels confrontational.
Any form of “yes” will most likely be used as consent to the search.
Your response? “Officer, I do not consent to any searches”.
More questions you should not answer: “Where are you coming from? Where are you headed? Who were you with? Have you been drinking?” are fired in quick succession and meant to catch inconsistencies you can be confronted with later, not idle chat.
What Should You Do If You’re Innocent In Colorado?
This belief. that innocent people should always talk to the police, is a major issue in Colorado criminal investigations. Many of my clients who come to our firm have made the mistake of believing:
“I have nothing to hide.”
The purpose of police interviews is not to really “clear up” the situation. The purpose of a police interview is to gather evidence and to get statements that could be used later against you at trial.
Knowing your rights before you answer any questions if you are asked to speak to the police in Colorado is the purpose of this article.
A common misconception in criminal law is the idea that seeking an attorney makes you appear guilty. This is not the case, but it is taught to us even as children. I have represented many people in positions of power in law enforcement, and the first thing they do – wisely – is to never agree to be questioned without legal counsel.
Why? The purpose of police interviews is often to:
- Lock you into one version of events.
- Create inconsistencies where there may be none,
- Pressure emotional, rather than cool-headed reactions.
Or, to produce admissions that seem harmless at first but later, in light of other facts, can be used to produce, for example, inconsistencies that may influence the determination of guilt or innocence at trial.
Everyone – honest or not – forgets details, estimates times incorrectly, may misspeak, may exaggerate, may become nervous when under pressure.
I’ll just explain what happened
This mindset is one of the most dangerous that people can make.
You may accidentally:
- Fill in any gaps that may exist during the investigation.
- Confirm facts the police didn’t know before
- Statements taken out of context are not acceptable.
- Or make statements that are in conflict with other evidence.
Even simple statements later can be important
Colorado Police Use Of Recorded Pretext Phone Calls
In Colorado, police will often ask someone else to contact you via phone or text. This is especially true in cases of domestic violence, sexual assault, or other crimes.
These calls are also known as:
- Pretext phone calls,
- Controlled calls,
- Pretext communications are legal forms of deception.
Colorado is a state that requires consent from only one party for recording. This means that police can legally record conversations when one party consents.
Legality and Recording Rules: One-Party Consent
Under Colorado Revised Statutes § 18-9-303, recording a conversation is legal as long as at least one party to the call (the victim or caller cooperating with police) consents to the recording.
No Warrant Needed: Because one party has consented, police do not need a wiretap warrant to monitor or record a pretext call.
Admissibility: Statements made by the suspect during these calls can be used directly as evidence by prosecutors in criminal cases.Limitations: However, if neither party consents or if the recording is made in violation of the statute, the evidence may be inadmissible and could expose individuals to criminal liability for unlawful interception.
Practical Takeaways – Colorado Pretext Calls
A properly consented pretext call is admissible in Colorado without a warrant, and the suspect’s lack of awareness that police are listening or recording does not itself invalidate either the recording or the suspect’s statements.
Colorado is a “one-party consent” state. Under Colo. Rev. Stat. § 18-9-303, wiretapping occurs only when a person “not a sender or intended receiver” records a telephone communication “without the consent of either a sender or a receiver thereof.”
The parallel eavesdropping statute, Colo. Rev. Stat. § 18-9-304, criminalizes recording a conversation only when done “without the consent of at least one of the principal parties thereto.”
Because a pretext call necessarily involves a participant — the victim, informant, or cooperating witness — who consents to the recording, neither statute is violated, and the call falls outside of Colorado criminal law.
The goal of a pretext phone call is to try to obtain incriminating evidence:
- Apologies or other admissions,
- Explanations,
- Emotional reactions to, for example, “bad cop” questions,
- Or partial admissions.
The Bottom Line – Protect Yourself
Talking your way out of an investigation will often create more problems than it solves. The police most likely will have a theory before speaking to you
When detectives or line police contact you, they most likely have information about the case you do NOT have. The hard truth is that police interviews may not always be neutral fact-finding.
They may have witness statements, phone data, or social media communication or other physical evidence.
What Should You Do If the Police Contact You In Colorado?
When law enforcement contacts you
- Stay calm.
- Be polite.
- Do not physically resist.
- Do not lie if you decide to speak to the police without counsel.
- Do not consent to any questioning before speaking with an attorney.
The earlier an attorney gets involved, the greater the chances of protecting your rights, preventing damaging statements, and preserving potential key evidence for the defense.
The Focus During A Formal Interrogation: The Reid Technique
Most U.S. police / law enforcement departments train on and use the Reid Technique, a nine-step confrontational method built on manipulating perception, not just words.
A Few Reid Techniques To Understand
The false evidence ploy — “We already have your fingerprints/DNA/it on camera” — even when they don’t. Lying about evidence is legal for police.
Minimization — Downplaying the seriousness (“this was probably just an accident, right?”) to make confessing feel low-stakes.
Maximization / “good cop, bad cop” — One officer aggressively asserts you’re guilty; the other seems sympathetic, so you gravitate toward “confiding” in them.
The alternative/choice question — “Did you plan this, or did it just happen in the heat of the moment?” Both options admit guilt; there’s no listed option for “I didn’t do it.”
Blocking denials, then offering excuses — Interrupting “no I didn’t” and instead suggesting external causes (peer pressure, financial stress) that feel like an easy way out — but any agreement is still an admission.
Miranda rights read quickly, in monotone, with no pause — Meant to make the warning feel like a formality to breeze past rather than a real choice point.
Isolation — Separating you from friends, family, or counsel to increase anxiety and compliance.
The Phrases That Protect You From You
Civil-rights groups condense the defense down to a small set of exact phrases, because anything you add beyond them can be used against you.
“Am I being detained, or am I free to go?”— Clarifies whether the police stop is voluntary. If they say you’re free to go, calmly leave.
“I do not consent to any searches” — Say this for your car, bag, home, or person, regardless of how the request is phrased.
“I am going to remain silent. I want a lawyer.” — Once said, officers must stop questioning; if they continue, you can simply repeat it or stay silent.
For home visits without a warrant:
“I do not consent to your entry, and I do not consent to any search.”
A few additional important legal facts to keep in mind:
Police can legally lie to you, but you cannot legally lie to them — knowingly lying to an officer is itself a crime, so silence (not deception) is the safe move.
In most states you must give your name if lawfully detained, but you don’t have to answer any other questions. You do have to produce your driver’s license, registration, and proof of insurance if you are stopped at an automobile stop
Politely repeating the important phrases above, rather than staying stubbornly quiet and hoping the topic drops, makes the most sense — ambiguous silence can be misread as consent or evasiveness, while an unambiguous invocation (“I want a lawyer”) legally requires the police to stop questioning with certain clear exceptions such as in a DUI investigation.
Colorado Criminal Law – A Handbook For Police Contact In Colorado
The reader is alerted to the fact that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate when it was drafted, but it cannot account for changes occurring after it was uploaded.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at: hmsteinberg@hotmail.com
A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.
“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”
Putting more than 40 years of Colorado criminal defense experience to work for you.
You should be careful to make a responsible choice when selecting a Colorado criminal defense lawyer. We encourage you to “vet” our firm. Over the last 40 years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, including Colorado criminal law and procedure and trial and courtroom practice.
H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law, and he hopes this article helps you in some small way.