(1)
Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the
trial court if the court determines that the evidence was seized by a peace officer, as described in
section 16-2.5-101, as a result of a good faith mistake or of a technical violation.
(2) As used in subsection (1) of this section:
(a) "Good faith mistake" means a reasonable judgmental error concerning the existence
of facts or law which if true would be sufficient to constitute probable cause.
(b) "Technical violation" means a reasonable good faith reliance upon a statute which is
later ruled unconstitutional, a warrant which is later invalidated due to a good faith mistake, or a
court precedent which is later overruled.
(3) Evidence which is otherwise admissible in a criminal proceeding and which is
obtained as a result of a confession voluntarily made in a noncustodial setting shall not be
suppressed by the trial court.
(4) (a) It is hereby declared to be the public policy of the state of Colorado that, when
evidence is sought to be excluded from the trier of fact in a criminal proceeding because of the
conduct of a peace officer leading to its discovery, it will be open to the proponent of the
evidence to urge that the conduct in question was taken in a reasonable, good faith belief that it
was proper, and in such instances the evidence so discovered should not be kept from the trier of
fact if otherwise admissible. This section is necessary to identify the characteristics of evidence
which will be admissible in a court of law. This section does not address or attempt to prescribe
court procedure.
(b) It shall be prima facie evidence that the conduct of the peace officer was performed
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.
Source: L. 81: Entire section added, p. 922, § 1, effective July 1. L. 85: (2)(a) and (4)
amended, p. 615, §§ 3, 4, effective July 1. L. 2003: (1) amended, p. 1614, § 7, effective August
6.
Cross references: For the admissibility of evidence in proceedings under the "Colorado
Children's Code", see § 19-2-803.
Notes of Decisions
People v. Deitchman (1985)
colo · cites it 162×
“§ 13-3925 (1982); Colo.Rev.Stat. § 16-3-308 (1981); Colorado Survey; Recent Legislation and Colorado Supreme Court Decisions, The Colorado Statutory Good Faith Exception to the Exclusionary Rule: A Step Too Far?, 53 U.”
People v. Leftwich (1994)
colo · cites it 64×
“The trial *1264 court also held that the good-faith exception to the exclusionary rule and section 16-3-308, 8A C.R.S. (1986), are not applicable and therefore suppressed the evidence obtained in the search of the residence.”
People v. Mitchell (1984)
colo · cites it 62×
“[2] The People challenge the suppression ruling on the basis of section 16-3-308, C.R.S.1973 (1983 Supp.), which provides that evidence otherwise admissible in a criminal proceeding shall not be suppressed when seized by a peace officer as a result of a "good faith mistake" or…”
People v. Marko (2015)
coloctapp · cites it 7×
“Section 16-3-308 governs good faith mistakes of law as well as those of fact.”
Casillas v. People (2018)
colo · cites it 18×
“See § 16-3-308, C.R.S. (2018) (permitting proponent of evidence to argue that evidence seized by a peace officer was the result of a “good faith mistake” or “technical violation” and thus should not be suppressed).”
People v. Corr (1984)
colo · cites it 22×
“1, § 16-3-308, 1981 Colo.Sess.Laws 922. Under § 16-3-308(2)(b), a technical violation includes reasonable good faith reliance upon a court precedent which is later overruled.”
People v. Blehm (1999)
colo · cites it 16×
“The district court denied his motion, concluding that, although the police relied upon an invalid arrest warrant, their actions constituted a good faith mistake pursuant to section 16-3-308, 8A C.R.S. (1986). At his 1994 trial, the district court advised Saint-Veltri that: (1)…”
People v. Quintero (1983)
colo · cites it 22×
“" Section 16-3-308, C.R.S.1973 (1982 Cum.Supp.”
People v. McKnight (2019)
colo · cites it 4×
“897 (1984), and that we have our own statutory good-faith exception, see § 16-3-308, C.R.S. (2018), but we need not address the applicability of those exceptions.”
People v. Altman (1998)
colo · cites it 19×
“The judge did not suppress the evidence, however, because of the good faith exception to the exclusionary rule for warrant-based searches contained in section 16-3-308, 6 C.R.S. (1997). The court convicted Altman of both charges in a bench trial, and Altman appealed his…”
People v. Gutierrez (2009)
colo · cites it 7×
“…a showing that the evidence was obtained pursuant to and within the scope of a warrant. ... § 16-3-308. . Section 16-3-308 was enacted prior to the Court's decision in Leon. However, this court has held that, in enacting section 16-3-308, the General Assembly intended to apply…”
Illinois v. Gates (1983)
scotus · cites it 2×
“…2d Sess. (1981-1982). At least one State has already enacted a good-faith exception. Colo. Rev. Stat. § 16-3-308 (Supp. 1982). Of course, if there is a jurisdictional barrier to deciding the issue, none of these considerations are relevant. But if no such procedural obstacle…”
— Colo. Rev. Stat. § 16-3-308(1) — 15 cases
People v. Marko (2015)
coloctapp
“Section 16-3-308 governs good faith mistakes of law as well as those of fact.”
People v. Deitchman (1985)
colo
“§ 13-3925 (1982); Colo.Rev.Stat. § 16-3-308 (1981); Colorado Survey; Recent Legislation and Colorado Supreme Court Decisions, The Colorado Statutory Good Faith Exception to the Exclusionary Rule: A Step Too Far?, 53 U.”
— Colo. Rev. Stat. § 16-3-308(2) — 2 cases
People v. Deitchman (1985)
colo
“§ 13-3925 (1982); Colo.Rev.Stat. § 16-3-308 (1981); Colorado Survey; Recent Legislation and Colorado Supreme Court Decisions, The Colorado Statutory Good Faith Exception to the Exclusionary Rule: A Step Too Far?, 53 U.”
People v. Mitchell (1984)
colo
“[2] The People challenge the suppression ruling on the basis of section 16-3-308, C.R.S.1973 (1983 Supp.), which provides that evidence otherwise admissible in a criminal proceeding shall not be suppressed when seized by a peace officer as a result of a "good faith mistake" or…”
— Colo. Rev. Stat. § 16-3-308(2)(a) — 11 cases
People v. Deitchman (1985)
colo
“§ 13-3925 (1982); Colo.Rev.Stat. § 16-3-308 (1981); Colorado Survey; Recent Legislation and Colorado Supreme Court Decisions, The Colorado Statutory Good Faith Exception to the Exclusionary Rule: A Step Too Far?, 53 U.”
People v. Mitchell (1984)
colo
“[2] The People challenge the suppression ruling on the basis of section 16-3-308, C.R.S.1973 (1983 Supp.), which provides that evidence otherwise admissible in a criminal proceeding shall not be suppressed when seized by a peace officer as a result of a "good faith mistake" or…”
People v. Marko (2015)
coloctapp
“Section 16-3-308 governs good faith mistakes of law as well as those of fact.”
People v. Leftwich (1994)
colo
“The trial *1264 court also held that the good-faith exception to the exclusionary rule and section 16-3-308, 8A C.R.S. (1986), are not applicable and therefore suppressed the evidence obtained in the search of the residence.”
— Colo. Rev. Stat. § 16-3-308(2)(b) — 7 cases
People v. Deitchman (1985)
colo
“§ 13-3925 (1982); Colo.Rev.Stat. § 16-3-308 (1981); Colorado Survey; Recent Legislation and Colorado Supreme Court Decisions, The Colorado Statutory Good Faith Exception to the Exclusionary Rule: A Step Too Far?, 53 U.”
People v. Corr (1984)
colo
“1, § 16-3-308, 1981 Colo.Sess.Laws 922. Under § 16-3-308(2)(b), a technical violation includes reasonable good faith reliance upon a court precedent which is later overruled.”
People v. Mitchell (1984)
colo
“[2] The People challenge the suppression ruling on the basis of section 16-3-308, C.R.S.1973 (1983 Supp.), which provides that evidence otherwise admissible in a criminal proceeding shall not be suppressed when seized by a peace officer as a result of a "good faith mistake" or…”
People v. Marko (2015)
coloctapp
“Section 16-3-308 governs good faith mistakes of law as well as those of fact.”
— Colo. Rev. Stat. § 16-3-308(3)(b) — 1 case
People v. Leftwich (1994)
colo
“The trial *1264 court also held that the good-faith exception to the exclusionary rule and section 16-3-308, 8A C.R.S. (1986), are not applicable and therefore suppressed the evidence obtained in the search of the residence.”
— Colo. Rev. Stat. § 16-3-308(4) — 3 cases
People v. Deitchman (1985)
colo
“§ 13-3925 (1982); Colo.Rev.Stat. § 16-3-308 (1981); Colorado Survey; Recent Legislation and Colorado Supreme Court Decisions, The Colorado Statutory Good Faith Exception to the Exclusionary Rule: A Step Too Far?, 53 U.”
— Colo. Rev. Stat. § 16-3-308(4)(a) — 2 cases
— Colo. Rev. Stat. § 16-3-308(4)(b) — 9 cases
People v. Gutierrez (2009)
colo
“…a showing that the evidence was obtained pursuant to and within the scope of a warrant. ... § 16-3-308. . Section 16-3-308 was enacted prior to the Court's decision in Leon. However, this court has held that, in enacting section 16-3-308, the General Assembly intended to apply…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.