Colorado § 19-2.5-906 - Admissibility of evidence - legislative declaration - definitions.

§ 19-2.5-906. Admissibility of evidence - legislative declaration - definitions.

(1) It is the intent of the general assembly that, when evidence is sought to be excluded from the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to its discovery, such evidence should not be suppressed if otherwise admissible when the proponent of the evidence can show that the conduct in question was taken in a reasonable, good-faith belief that it was proper. It is further declared to be the general assembly's intent to identify the characteristics of admissible evidence and not to address or attempt to prescribe court procedure.

(2) For purposes of this section:

(a) "Good-faith mistake" means a reasonable error of judgment concerning the existence of facts or law that, if true, would be sufficient to constitute probable cause.

(b) "Peace officer" has the meaning set forth in section 16-2.5-101.

(c) "Technical violation" means a reasonable, good-faith reliance upon a statute that is later ruled unconstitutional, a warrant that is later invalidated due to a good-faith mistake, or a court precedent that is later overruled.

(3) The court shall not suppress evidence sought to be excluded in a delinquency proceeding because of the conduct of the peace officer leading to its discovery if the court finds that the evidence was seized by the peace officer as a result of a good-faith mistake or a technical violation and the evidence is otherwise admissible.

(4) The court shall not supress in a delinquency proceeding evidence that is obtained as a result of a confession voluntarily made in a noncustodial setting if the evidence is otherwise admissible.

(5) It is prima facie evidence that the conduct of the peace officer was taken in the reasonable good-faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 624, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-803 as it existed prior to 2021.

ANNOTATION

Former subsection (4) of this section and former § 19-2-506 contain proper test to measure validity of consent to search given by juvenile in noncustodial setting. People in Interest of S.J., 778 P.2d 1384 (Colo. 1989) (decided under former law).