Colorado § 16-3-301 - Search warrants - issuance - grounds - exception - definitions.

§ 16-3-301. Search warrants - issuance - grounds - exception - definitions.

(1) A search warrant authorized by this section may be issued by any judge of a court of record.

(2) A search warrant may be issued under this section to search for and seize any property:

(a) Which is stolen or embezzled; or

(b) Which is designed or intended for use as a means of committing a criminal offense; or

(c) Which is or has been used as a means of committing a criminal offense; or

(d) The possession of which is illegal; or

(e) Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or

(f) The seizure of which is expressly required, authorized, or permitted by any statute of this state; or

(g) Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or

(h) Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding.

(3) A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding.

(4) Notwithstanding subsection (2) of this section, a court shall not issue a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity, as defined in section 12-30-121 (1)(d).

Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-301. L. 85: (2)(g) amended and (2)(h) and (3) added, p. 615, §§ 1, 2, effective June 2. L. 2023: (4) added, (SB 23-188), ch. 68, p. 246, § 10, effective April 14.

Cross references: (1) For provisions concerning search and seizure other than the provisions of this section and rule 41 of the Colorado Rules of Criminal Procedure, see § 7 of article II of the Colorado Constitution; for the issuance of search warrants under the "Colorado Children's Code", see §§ 19-1-112, 19-2-504, and 19-2-505.

(2) For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.

ANNOTATION

Law reviews. For article, "Criminal Procedure", which discusses a Tenth Circuit decision dealing with searches, see 61 Den. L.J. 281 (1984). For article, "Criminal Procedure", which discusses Tenth Circuit decisions dealing with searches, see 62 Den. U.L. Rev. 159 (1985). For article, "Pronouncements of the U.S. Supreme Court Relating to the Criminal Law Field: 1985-1986", which discusses cases relating to warrant requirements and protection from searches, see 15 Colo. Law. 1564 and 1966 (1986). For article, "Criminal Procedure", which discusses Tenth Circuit decisions dealing with unreasonable searches and seizures, see 65 Den. U. L. Rev. 535 (1988). For a discussion of Tenth Circuit decisions dealing with search and seizure, see 66 Den. U. L. Rev. 813 (1989).

Annotator's note. For further annotations concerning search and seizure, see § 7 of art. II, Colo. Const., and Crim. P. 41.

This section does not require that a judge of a Colorado court of record issue a search warrant for the warrant to be valid. Rather, any judge of a court of record may issue a search warrant. People v. Marko, 2015 COA 139, 434 P.3d 618, aff'd, 2018 CO 97, 432 P.3d 607.

Nothing in the plain language of this section precludes the introduction in a Colorado criminal trial of evidence constitutionally seized under a search warrant issued by a detached and neutral magistrate from another jurisdiction. People v. Marko, 2015 COA 139, 434 P.3d 618, aff'd, 2018 CO 97, 432 P.3d 607.

Applied in People v. Stoppel, 637 P.2d 384 (Colo. 1981).