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

Colorado Statutes

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

Colorado·Title 16 Criminal·Art. Arrest - Searches and Seizures

(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

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(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).

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Legislative History

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.