Colorado § 16-3-303 Search warrants - application - definition

Colorado Statutes

§ 16-3-303 — Search warrants - application - definition

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

(1)A search warrant shall issue only on affidavit sworn to or affirmed before the judge and relating facts sufficient to:

(a)Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;

(b)Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;

(c)Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and

(d)Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched.

(2)The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of t

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(1) A search warrant
shall issue only on affidavit sworn to or affirmed before the judge and relating facts
sufficient to:

(a) Identify or describe, as nearly as may be, the premises, person, place, or
thing to be searched;

(b) Identify or describe, as nearly as may be, the property to be searched for,
seized, or inspected;

(c) Establish the grounds for issuance of the warrant or probable cause to
believe that such grounds exist; and

(d) Establish probable cause to believe that the property to be searched for,
seized, or inspected is located at, in, or upon the premises, person, place, or thing to
be searched.

(2) The affidavit required by this section may include sworn testimony
reduced to writing and signed under oath by the witness giving the testimony
before issuance of the warrant. A copy of the affidavit and a copy of the transcript
of testimony taken in support of the request for a search warrant shall be attached
to the search warrant filed with the court.

(3) Procedures governing application for and issuance of search warrants
consistent with this section may be established by rule of the supreme court.

(4) A no-knock search warrant shall be issued only if the affidavit for such
warrant:

(a) Complies with the provisions of subsections (1), (2), and (3) of this section;

(a.5) Establishes that a no-knock entry is necessary because of a credible
threat to the life of any person, including the peace officers executing the warrant;

(b) Specifically requests the issuance of a no-knock search warrant; and

(c) Has been reviewed and approved for legal sufficiency and signed by a
district attorney pursuant to section 20-1-106.1 (1)(b), C.R.S. Such review and
approval may take place as allowed by statute or court rule or by means of
facsimile transmission, telephonic transmission, or other electronic transfer.

(5) If the grounds for the issuance of a no-knock search warrant are
established by a confidential informant, the affidavit for such warrant shall contain
a statement by the affiant concerning when such grounds became known or were
verified by the affiant. The statement shall not identify the confidential informant.

(6) For the purposes of this section, unless the context otherwise requires,
no-knock search warrant means a search warrant that does not require
compliance with section 16-3-305 (7)(d).

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Legislative History

Source: L. 72: R&RE, p. 200, � 1. C.R.S. 1963: � 39-3-303. L. 2000: (4), (5), and (6) added, p. 650, � 1, effective July 1. L. 2001: (4)(c) amended, p. 1270, � 19, effective June 5. L. 2023: (4)(a.5) added and (6) amended, (SB 23-254), ch. 395, p. 2358, � 1, effective June 6.