C.R.S.
Section 16-3-303
Search warrants
- application
- definition
(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:
Section 16-3-303 — Search warrants - application - definition, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-16.pdf (accessed Oct. 20, 2023).
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