Colorado § 19-2.5-906 Admissibility of evidence - legislative declaration - definitions

Colorado Statutes

§ 19-2.5-906 — Admissibility of evidence - legislative declaration - definitions

Colorado § 19-2.5-906

Title 19Children's

Art.The Colorado Juvenile Justice System

This text of Colorado § 19-2.5-906 (Admissibility of evidence - legislative declaration - definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 19-2.5-906 (2026).

Text

(1)It is the intent of the general assembly that, when evidence is sought to be excluded from the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to its discovery, such evidence should not be suppressed if otherwise admissible when the proponent of the evidence can show that the conduct in question was taken in a reasonable, good-faith belief that it was proper. It is further declared to be the general assembly's intent to identify the characteristics of admissible evidence and not to address or attempt to prescribe court procedure.

(2)For purposes of this section:

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

(b)

Free access — add to your briefcase to read the full text and ask questions with AI

(1) It is the intent of the general assembly that, when evidence is sought to be
excluded from the trier of fact in a delinquency proceeding because of the conduct
of a peace officer leading to its discovery, such evidence should not be suppressed
if otherwise admissible when the proponent of the evidence can show that the
conduct in question was taken in a reasonable, good-faith belief that it was proper.
It is further declared to be the general assembly's intent to identify the
characteristics of admissible evidence and not to address or attempt to prescribe
court procedure.

(2) For purposes of this section:

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

(b) Peace officer has the meaning set forth in section 16-2.5-101.

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

(3) The court shall not suppress evidence sought to be excluded in a
delinquency proceeding because of the conduct of the peace officer leading to its
discovery if the court finds that the evidence was seized by the peace officer as a
result of a good-faith mistake or a technical violation and the evidence is otherwise
admissible.

(4) The court shall not supress in a delinquency proceeding evidence that is
obtained as a result of a confession voluntarily made in a noncustodial setting if the
evidence is otherwise admissible.

(5) It is prima facie evidence that the conduct of the peace officer was taken
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.