(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).
Source: 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. L. 2023: (4) added, (SB 23-188), ch. 68, p. 246, § 10, effective April 14.
Cross references: (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.
Notes of Decisions
Cited in
8
cases, 1982–2017 · leading case:
People v. Marko, 2015 COA 139 (Colo. Ct. App. 2015).
People v. Marko, 2015 COA 139 (Colo. Ct. App. 2015).
· cites it 7× “Second, he argues that the warrant was invalid under the Colorado Constitution because it was not issued upon probable cause supported by oath or affirmation âreduced to writing.â ¶148        We disagree with Marko that, under section 16-3-301, evidence seized…”
Harris v. Denver Post Corp., 123 P.3d 1166 (Colo. 2005).
· cites it 2× “2, § 7; §§ 16-3-301 to -305, C.R.S. (2005). A person’s privacy interest in his home and personal effects is subject to reasonable governmental intrusion when the police enter and obtain evidence of a crime pursuant to a warrant based on probable cause.”
People v. Gall, 30 P.3d 145 (Colo. 2001).
“While it may be presumed that an officer was acting in good faith if he was acting pursuant to a warrant, see § 16-3-301(1), 6 C.R.S. (2000); Randolph, 4 P.”
State v. Intercontinental, Ltd., 486 A.2d 174 (Md. 1985).
“See Colo.Rev.Stat. § 16-3-301 (1978) (expressly covers evidence related to the “criminal prosecution in this state or in another state”); Kan.”
People v. Martinez, 898 P.2d 28 (Colo. 1995).
· cites it 2× “Section 16-3-301(1), 8A C.R.S. (1986), provides that "[a] search warrant authorized by this section may be issued by any judge of a court of record.”
People v. Ball, 407 P.3d 580 (Colo. 2017).
· cites it 2× “¶18 Without regard for any failure of the police to comply with the requirements of section 16-3-301 and without regard for the constitutional voluntariness of the defendant’s subsequent consent to search, the war-rantless search of the defendant’s purse and car, and the…”
People v. Papez, 652 P.2d 619 (Colo. Ct. App. 1982).
· cites it 2× “But, there is nothing in the rules of criminal procedure, nothing in the statutes pertaining to searches and seizures, § 16-3-301, et seq., C.R.S.1973 (1978 Repl.”
People v. Selph, 786 P.2d 1078 (Colo. 1989).
· cites it 4× “Selph contended in his motion that the district attorney’s warrantless seizure of the bank records violated section 16-3-301, 2 8A *1079 C.R.S. (1986), and article II, section 7, 3 of the Colorado Constitution.”
— Colo. Rev. Stat. § 16-3-301(1) — 3 cases
People v. Marko, 2015 COA 139 (Colo. Ct. App. 2015).
“Second, he argues that the warrant was invalid under the Colorado Constitution because it was not issued upon probable cause supported by oath or affirmation âreduced to writing.â ¶148        We disagree with Marko that, under section 16-3-301, evidence seized…”
People v. Gall, 30 P.3d 145 (Colo. 2001).
“While it may be presumed that an officer was acting in good faith if he was acting pursuant to a warrant, see § 16-3-301(1), 6 C.R.S. (2000); Randolph, 4 P.”
People v. Martinez, 898 P.2d 28 (Colo. 1995).
“Section 16-3-301(1), 8A C.R.S. (1986), provides that "[a] search warrant authorized by this section may be issued by any judge of a court of record.”
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