C.R.S. Section 16-3-311
Peace officer incident recordings

Mentioned in

Colorado Laws on Recording In-Person Conversations

Colorado Legal Defense Group, June 8, 2023

“Colorado is a one-party consent state. This means you may legally wiretap your own phone conversations without anyone else’s consent.”
 
Bibliographic info

(1)

A person has the right to lawfully record any incident involving a peace officer and to maintain custody and control of that recording and the device used to record the recording. A peace officer shall not seize a recording or recording device without consent, without a search warrant or subpoena, or without a lawful exception to the warrant requirement.

(2)

Intentionally left blank —Ed.

(a)

If a peace officer seeks to obtain from a person a device used to record an incident involving a peace officer in order to access the recording as possible evidence in an investigation, the officer shall first:

(I)

Advise the person of his or her name, his or her badge number or other identifying number, and the name of the law enforcement agency;

(II)

Identify the legal reason for which the information is requested; and

(III)

If practicable under the circumstances, inquire whether the person will voluntarily provide the officer with a copy of the specific recording that is relevant to the investigation either by voluntarily providing the device to the officer or immediately electronically transferring the information to the officer or the law enforcement agency so that the person may retain possession of his or her device, the recording, and any personal non-evidentiary private information contained on the device.

(b)

If the person consents voluntarily to the transfer of the device to law enforcement, the peace officer shall limit his or her search of the device to a search for the recording that is relevant evidence to the investigation, and the device shall be returned to the person upon request and with all convenient speed.

(c)

If the person consents to an electronic transfer of the recording, the electronic transfer shall take place as soon as possible and without unnecessary delay.

(d)

In circumstances when the immediate electronic transfer is not practicable or if the person does not consent to the electronic transfer of the evidentiary information or to the seizure of the device, the peace officer may arrange for the transfer or delivery of the information or device with the person to the peace officer or to the law enforcement agency by any alternative means consistent with any policies and procedures of the law enforcement agency.

(e)

Notwithstanding the provisions of this section, a peace officer has the authority to temporarily seize and maintain control over a device that was used to record an incident involving a peace officer for no longer than seventy-two hours to obtain a search warrant when exigent circumstances exist such that the peace officer believes it is necessary to save a life or when the peace officer has a reasonable, articulable, good-faith belief that seizure of the device is necessary to prevent the destruction of the evidentiary recording while a warrant is obtained.

(3)

The provisions of this section do not apply to devices seized incident to arrest.

(4)

Nothing in this section shall be construed to allow a person to interfere with a peace officer in the lawful performance of his or her duties.

Source: Section 16-3-311 — Peace officer incident recordings, 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

§ 16-3-311’s source at colorado​.gov