Colorado § 16-9-801 - Viewing and inspecting objects held in evidence.

§ 16-9-801. Viewing and inspecting objects held in evidence.

(1) (a) The defense has the right to view and inspect any tangible object held by law enforcement in connection with a case at any location designated and operated by or under contract with the law enforcement agency as soon as practicable, but no later than thirty-five days before trial. After the defense makes a request to the law enforcement agency that possesses a tangible item held in connection with a case, the agency shall allow the defense to view and inspect the item. A law enforcement representative shall be present to document the chain of custody and ensure the integrity of the evidence.

(b) When inspecting the tangible item, the defense must have the opportunity to have confidential conversations and create confidential work product.

(c) If law enforcement records evidence viewing or handling by the prosecution or the defense, the recording must be for the purpose of ensuring the chain of custody, integrity, or safety of the evidence held by the law enforcement agency. If law enforcement records, by audio or visual means, any evidence viewing or handling at any location operated by or under contract with the law enforcement agency, law enforcement shall provide notice that a recording was made to the prosecuting authority, who shall provide a copy of the notice in discovery to the defense. The recording shall not be placed in discovery or reviewed by law enforcement, except as provided in subsection (1)(d) of this section; the prosecution; or the defense unless ordered by the court when a good faith issue that the evidence viewing affected the integrity of the evidence is raised by any party. If the court allows access to the recording, the court may enter protective orders as necessary to protect any parties' conversations or work product.

(d) Law enforcement may view a recording of an evidence viewing by the prosecution or defense as necessary to properly organize, catalogue, maintain, or otherwise properly store the recording if the review is not for the purpose of reviewing the prosecution's or defense's preparation or strategy for trial. Law enforcement may also view a recording of an evidence viewing as authorized by a court order.

(2) Upon the request by either the defense or the prosecuting authority, and subject to constitutional limitations, the court may issue orders relating to the evidence viewing by the prosecution or defense based on the individual circumstances of the evidence or the case at issue consistent with this section, the Colorado rules of criminal procedure, and other applicable law.

(3) This section does not limit the ability of the defense to request defense testing or the court's ability to conduct a hearing related to the request.

(4) This section does not apply to the inspection, viewing, and examination of sexually exploitative material pursuant to section 16-9-601.

Source: L. 2025: Entire part added, (HB 25-1114), ch. 34, p. 174, § 1, effective July 1.

ARTICLE 10

Jury Trials

PART 1

COMPOSITION AND SELECTION OF THE JURY

16-10-101. Jury trials - statement of policy.

16-10-102. When jury panel exhausted.

16-10-103. Challenge of jurors for cause.

16-10-104. Peremptory challenges.

16-10-105. Alternate jurors.

16-10-106. Incapacity of juror.

16-10-107. Challenge to entire jury panel.

16-10-108. Verdict.

16-10-109. Trial by jury for petty offenses.

16-10-110. Jury instructions - cases involving the possibility of the death penalty.

PART 2

EVIDENCE OF INCONSISTENT STATEMENTS - VARIANCE

16-10-201. Inconsistent statement of witness - competency of evidence.

16-10-202. Variance - allegations and proof.

PART 3

EVIDENCE OF SIMILAR TRANSACTIONS

16-10-301. Evidence of similar transactions - legislative declaration.

PART 4

TRIAL PROCEEDINGS

16-10-401. Trials - authority to exclude victim's advocate from sequestration orders.

16-10-402. Use of closed-circuit television - child or witness with intellectual and developmental disabilities - definition.

16-10-402.5. Use of closed-circuit television - victims of certain offenses involving domestic violence, unlawful sexual behavior, stalking, or human trafficking - definitions.

16-10-403. Option to close court.

16-10-404. Use of a court facility dog - definitions.

PART 1

COMPOSITION AND SELECTION OF THE JURY

Law reviews: For article, "Judicial Restrictions on Voir Dire: Have We Gone Too Far?", see 97 Denv. L. Rev. 327 (2020).