Right after she said that she said that she's not saying that applies to this case. She is watching her words very carefully, because unlike the Boulder police, she actually respects the Colorado code.
Sure, but if it didn't apply here, why did she go out of her way to bring it up? She went out of her way to say that this arrest may have been made before an inveswtigation warranted it (because of public safety or a flight risk).
If the arrest wasn't made based on solid evidence, but on weak evidence plus safety or flight risk, I don't know why she would have bothered to suggest that the arrest wasn't based on solid evidence (though I agree it's possible).