Colo. Rev. Stat. § 16-3-303
Search warrants - application - definition.
Effective Jun 6, 2023L. 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.
(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).
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.