Colo. Rev. Stat. § 16-3-312

Current through Acts effective through 6/5/2024 of the 2024 Legislative Session
Section 16-3-312 - Warrantless entry of a dwelling
(1) When a peace officer makes a warrantless entry into a dwelling in which occupants are unaware law enforcement is present and making entry, the officer shall:
(a) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and
(b) Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (1)(b) does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because:
(I) Of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or
(II) The officer is engaged in the hot pursuit of a fleeing suspect.
(2) This section does not apply to a law enforcement officer working in an undercover capacity.

C.R.S. § 16-3-312

Added by 2023 Ch. 395,§ 3, eff. 6/6/2023.