Colorado § 16-3-305 - Search warrants - direction - execution and return - legislative declaration.

§ 16-3-305. Search warrants - direction - execution and return - legislative declaration.

(1) The general assembly finds and declares that:

(a) When law enforcement enters a dwelling, the safety and preservation of life of all occupants and law enforcement officers is paramount;

(b) A no-knock entry into a dwelling can increase danger and confusion because occupants may not recognize law enforcement is making entry and may mistake the entry as entry by an unlawful intruder;

(c) No-knock entries into dwellings have, in several instances across the country, included negative outcomes and the loss of life;

(d) Making no-knock entries to prevent the destruction of evidence, especially in drug cases, does not justify the risk to human life;

(e) No-knock entries should be made only when doing so is necessary to protect human life and not when doing so would increase the risk to human life; and

(f) The standard for warrantless no-knock entries should be substantially the same as the standard for no-knock warrants.

(1.5) Except as otherwise provided in this section, a search warrant shall be directed to any officer authorized by law to execute it in the county wherein the property is located.

(2) A search warrant issued by a judge of a municipal court shall be directed to any officer authorized by law to execute it in the municipality wherein the property is located.

(3) Any judge issuing a search warrant, on the grounds stated in section 16-3-301, for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported may make an order authorizing a peace officer to be named in the warrant to execute the same, and the person named in such order may execute the warrant anywhere in the state. All sheriffs, coroners, police officers, and officers of the Colorado state patrol, when required, in their respective counties, shall aid and assist in the execution of such warrant. The order authorized by this subsection (3) may also authorize execution of the warrant by any officer authorized by law to execute it in the county wherein the property is located.

(4) When any officer, having a warrant for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported is in pursuit thereof and the person, motor vehicle, aircraft, or other object crosses or enters into another county, such officer is authorized to execute the warrant in the other county.

(5) It is the duty of all peace officers into whose hands any search warrant comes to execute the same, in their respective counties or municipalities, and make due return thereof. Procedures consistent with this section for the execution and return of search warrants may be provided by rule of the supreme court.

(6) A search warrant shall be executed within fourteen days after its date.

(7) When a peace officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall:

(a) Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time;

(b) Be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge and clearly identify themselves as a law enforcement officer;

(c) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and

(d) Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (7)(d) does not apply if:

(I) A court authorizes a no-knock warrant pursuant to section 16-3-303; or

(II) The circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself.

Source: L. 72: R&RE, p. 201, § 1. C.R.S. 1963: § 39-3-305. L. 2012: (6) amended, (SB 12-175), ch. 208, p. 844, § 60, effective July 1. L. 2023: (1) amended and (1.5) and (7) added, (SB 23-254), ch. 395, p. 2358, § 2, effective June 6.

ANNOTATION

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

Evidence seized in violation of a statutory provision may be suppressed only if the unauthorized search and seizure violated constitutional restraints on unreasonable searches and seizures. People v. Hamer, 689 P.2d 1147 (Colo. App. 1984).

Warrant describing house as within Denver when in fact the house lay one-half block outside Denver was not for that reason invalid. People v. Martinez, 898 P.2d 28 (Colo. 1995).

A warrant is not rendered stale or the resulting search unconstitutional if probable cause continued to exist when executed within the 10-day limit prescribed by subsection (6). People v. Russom, 107 P.3d 986 ( Colo. App. 2004).