Colo. Rev. Stat. § 16-3-301

Current through 11/5/2024 election
Section 16-3-301 - Search warrants - issuance - grounds - exception - definitions
(1) A search warrant authorized by this section may be issued by any judge of a court of record.
(2) A search warrant may be issued under this section to search for and seize any property:
(a) Which is stolen or embezzled; or
(b) Which is designed or intended for use as a means of committing a criminal offense; or
(c) Which is or has been used as a means of committing a criminal offense; or
(d) The possession of which is illegal; or
(e) Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or
(f) The seizure of which is expressly required, authorized, or permitted by any statute of this state; or
(g) Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or
(h) Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding.
(3) A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding.
(4) Notwithstanding subsection (2) of this section, a court shall not issue a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity, as defined in section 12-30-121 (1)(d).

C.R.S. § 16-3-301

Amended by 2023 Ch. 68,§ 10, eff. 4/14/2023.
L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-301. L. 85: (2)(g) amended and (2)(h) and (3) added, p. 615, §§ 1, 2, effective June 2.

(1) For provisions concerning search and seizure other than the provisions of this section and rule 41 of the Colorado Rules of Criminal Procedure, see § 7 of article II of the Colorado Constitution; for the issuance of search warrants under the "Colorado Children's Code", see §§ 19-1-112, 19-2-504, and 19-2-505. (2) For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.