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

Colorado § 16-9-801

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Preparation for Trial

Text

(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.

Legislative History

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