C.R.S. Section 16-3-310
Oral advisement and consent prior to search of a vehicle or a person during a police contact

(1)

Intentionally left blank —Ed.

(a)

Prior to conducting a consensual search of a person who is not under arrest, the person’s effects, or a vehicle, a peace officer shall comply with paragraph (b) of this subsection (1).

(b)

A peace officer may conduct a consensual search only after articulating the following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects. The factors are:

(I)

The person is being asked to voluntarily consent to a search; and

(II)

The person has the right to refuse the request to search.

(c)

After providing the advisement required in paragraph (b) of this subsection (1), a peace officer may conduct the requested search only if the person subject to the search voluntarily provides verbal or written consent. Other evidence of knowing and voluntary consent may be acceptable, if the person is unable to provide written or verbal consent.

(2)

A peace officer providing the advisement required pursuant to subsection (1) of this section need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement.

(3)

If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.

(4)

This section shall not apply to a search conducted pursuant to section 16-3-103, a valid search incident to or subsequent to a lawful arrest, or a search for which there is a legal basis other than voluntary consent. This shall include, but not be limited to, a search in a correctional facility or on correctional facility property, a detention facility, county detention facility, custody facility, juvenile correctional facility or any mental health institute or mental health facility operated by or under a contract with the department of human services, a community corrections facility, or a jail or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.

Source: Section 16-3-310 — Oral advisement and consent prior to search of a vehicle or a person during a police contact, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

16‑3‑101
Arrest - when and how made 16‑3‑102
Arrest by peace officer 16‑3‑103
Stopping of suspect 16‑3‑104
Arrest by peace officer from another jurisdiction - definitions 16‑3‑105
Release by arresting authority 16‑3‑106
Peace officer may pursue offender 16‑3‑107
Custodial care of prisoner in transit 16‑3‑107.5
Transportation of prisoners - definitions 16‑3‑108
Issuance of arrest warrant without information or complaint 16‑3‑109
Peace officer - authority to make arrest while off duty 16‑3‑110
Peace officers - duties 16‑3‑201
Arrest by a private person 16‑3‑202
Assisting peace officer - arrest - furnishing information - immunity 16‑3‑203
Preventing a crime - reimbursement 16‑3‑301
Search warrants - issuance - grounds - exception - definitions 16‑3‑301.1
Court orders for the production of records - definitions 16‑3‑301.5
Search warrant for firearms possessed by a respondent in an extreme risk protection order 16‑3‑302
Search warrants - municipalities - inspections - grounds 16‑3‑303
Search warrants - application - definition 16‑3‑303.5
Location information - search warrant required - definitions 16‑3‑303.8
Testing for communicable diseases - court order required - definitions 16‑3‑304
Search warrants - contents 16‑3‑305
Search warrants - direction - execution and return - legislative declaration 16‑3‑306
Search warrants - joinder 16‑3‑307
Limiting clause 16‑3‑308
Evidence - admissibility - declaration of purpose - definitions 16‑3‑309
Admissibility of laboratory test results 16‑3‑310
Oral advisement and consent prior to search of a vehicle or a person during a police contact 16‑3‑311
Peace officer incident recordings 16‑3‑312
Warrantless entry of a dwelling 16‑3‑401
Treatment while in custody 16‑3‑402
Right to communicate with attorney and family 16‑3‑403
Right to consult with attorney 16‑3‑404
Duty of officers to admit attorney 16‑3‑405
Strip searches - when authorized or prohibited 16‑3‑406
Custodial interrogation - admissibility - legislative declaration - definition 16‑3‑501
Warrants issued for persons illegally in the country 16‑3‑502
No dismissal of cases against persons illegally in the country 16‑3‑503
Bonds for persons with immigration-related issues 16‑3‑601
Recording custodial interrogations - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 16-3-310’s source at colorado​.gov