Colorado § 16-3-308 Evidence - admissibility - declaration of purpose - definitions

Colorado Statutes

§ 16-3-308 — Evidence - admissibility - declaration of purpose - definitions

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

(1)Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the trial court if the court determines that the evidence was seized by a peace officer, as described in section 16-2.5-101, as a result of a good faith mistake or of a technical violation.

(2)As used in subsection (1) of this section:

(a)Good faith mistake means a reasonable judgmental error concerning the existence of facts or law which if true would be sufficient to constitute probable cause.

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

(3)Evidence which is otherwise admissible in a criminal proc

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(1)
Evidence which is otherwise admissible in a criminal proceeding shall not be
suppressed by the trial court if the court determines that the evidence was seized
by a peace officer, as described in section 16-2.5-101, as a result of a good faith
mistake or of a technical violation.

(2) As used in subsection (1) of this section:

(a) Good faith mistake means a reasonable judgmental error concerning
the existence of facts or law which if true would be sufficient to constitute
probable cause.

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

(3) Evidence which is otherwise admissible in a criminal proceeding and
which is obtained as a result of a confession voluntarily made in a noncustodial
setting shall not be suppressed by the trial court.

(4) (a) It is hereby declared to be the public policy of the state of Colorado
that, when evidence is sought to be excluded from the trier of fact in a criminal
proceeding because of the conduct of a peace officer leading to its discovery, it will
be open to the proponent of the evidence to urge that the conduct in question was
taken in a reasonable, good faith belief that it was proper, and in such instances the
evidence so discovered should not be kept from the trier of fact if otherwise
admissible. This section is necessary to identify the characteristics of evidence
which will be admissible in a court of law. This section does not address or attempt
to prescribe court procedure.

(b) It shall be prima facie evidence that the conduct of the peace officer was
performed 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.

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Legislative History

Source: L. 81: Entire section added, p. 922, � 1, effective July 1. L. 85: (2)(a) and (4) amended, p. 615, �� 3, 4, effective July 1. L. 2003: (1) amended, p. 1614, � 7, effective August 6.