Colorado § 16-13-315 Seizure of personal property

Colorado Statutes

§ 16-13-315 — Seizure of personal property

Colorado·Title 16 Criminal·Art. Special Proceedings

(1)Any personal property subject to seizure, confiscation, or forfeiture under the provisions of this part 3 may be seized:

(a)Pursuant to any writ, order, or injunction issued under the provisions of this part 3; or

(b)Under the authority of a search warrant; or

(c)By any peace officer or agent of a seizing agency with probable cause to believe that such property is a public nuisance or otherwise subject to confiscation and forfeiture under this part 3 if the seizure is incident to a lawful search or arrest.

(2)The provisions of this section shall not be construed to limit or forbid the seizure of any such personal property in any manner now or hereafter required, authorized, or permitted by law.

(3)If a rental motor vehicle is seized pursuant to this part 3, the seizing

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(1) Any personal property subject
to seizure, confiscation, or forfeiture under the provisions of this part 3 may be
seized:

(a) Pursuant to any writ, order, or injunction issued under the provisions of
this part 3; or

(b) Under the authority of a search warrant; or

(c) By any peace officer or agent of a seizing agency with probable cause to
believe that such property is a public nuisance or otherwise subject to confiscation
and forfeiture under this part 3 if the seizure is incident to a lawful search or arrest.

(2) The provisions of this section shall not be construed to limit or forbid the
seizure of any such personal property in any manner now or hereafter required,
authorized, or permitted by law.

(3) If a rental motor vehicle is seized pursuant to this part 3, the seizing
agency shall notify the motor vehicle rental company of the seizure if the motor
vehicle is identified as a rental motor vehicle. The motor vehicle rental company
may appear at the seizing agency and request the return of the rental motor
vehicle. The rental motor vehicle shall be returned to the motor vehicle rental
company unless the motor vehicle must be maintained in the custody of the seizing
agency for evidentiary purposes or if the seizing agency has probable cause to
believe the motor vehicle rental company, at the time of rental, had knowledge or
notice of the criminal activity for which the rental car was used.

Colorado § 16-13-315 (Seizure of personal property) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 265, � 1. C.R.S. 1963: � 39-13-315. L. 87: (1)(b) amended and (1)(c) added, p. 638, � 11, effective July 1. L. 2002: (3) added, p. 924, � 7, effective July 1.