Laws and Procedure Regarding Colorado Search Warrant

A Colorado search warrant is a legal order issued by the judge or the magistrate of a court that entitles the police to search the location mentioned in the warrant for specific objects or clues pertaining to an investigation. The Fourth Amendment to the United States Constitution states that a search warrant must “particularly describe[e] the place to be searched”. Article 2, Section 7 of the Colorado Constitution states that a search warrant must “describe[e] the place to be searched”. The Constitution has been designed so that general searches are prevented but these are to be interpreted in the context of each case in a practical manner appropriate to the requirements of the investigation. Properties which may have a connection with the search premises may also be searched if need be. A search warrant is issued in the name of the owner of the property and asking him to co-operate with the police while conducting a search.

Procedure for Obtaining a Search Warrant:

Prior to getting a search warrant, the police officers are required to convince the judge or magistrate of the court that there are substantial reasons for them to believe that the place they want to search is a center of criminal activities. The police have to submit a written statements or affidavits reporting their observations. If the magistrate is convinced that the police have fair reasons for asking for a search warrant he issues it. The Colorado Supreme Court has precise rules regarding the paperwork related to the issue of a search warrant. The affiant must attach the document stating clearly the objects to be searched along with the search warrant. The warrant will otherwise be considered defective. An affidavit may be used to fulfill the particularity of the Fourth Amendment if the defective warrant refers to the affidavit anywhere, the warrant and the affidavit are both shown to the magistrate issuing the warrant and the affidavit is attached with the warrant at the time of the search.

Once a search warrant is issued, the police gain the authority to search the places mentioned in the warrant. The police are also entitled to seize the property mentioned about in the warrant. The police cannot search areas that are not specified. They may seize objects that are not mentioned in the warrant but are related to other crimes. If a person is to be searched, the warrant must also state that.  The police can search only those persons mentioned in the warrant. The police do not have the right to search anybody present in the search premises. If they are suspicious about a person’s activities, they can at most question the person or perform a search for weapons.

Searches without a Warrant:

It is not always legally necessary for the police to have a search warrant. Under certain circumstances specified by the court, searches can take place even without a warrant. There may be several cases when the police conduct a search without a warrant.

If the person in charge of the search premise agrees to the search, it is referred to as a consent search. If there is no “legitimate expectation of privacy” in the search location, a search warrant is not required. The police also has the right to “secure the premise” before performing the search. Regarding who is entitled to give consent to the search, the laws say that an individual may consent to a search of the property that is under his supervision and not beyond that. A landlord though owns the entire house cannot consent to the search of the leased area of the house.

If the police have to search a place to ensure public safety, a search warrant is not required. In such cases, waiting for a warrant to be issued may endanger lives of many. Searching the premises in time and removing any potentially dangerous substance like explosives is more important that getting a warrant first.

Also, searches that must be done quickly to prevent loss of evidence can be executed without waiting for a search warrant to be issued.

If the police spot evidence of any illegal activity that is “in plain view”, they do not require any warrant to search the location and seize any contraband. For example, if marijuana is grown at the backyard of a house, the police have legal rights to search and make seizures.

If the police come to search for a property you own without any arrest warrant, you may not consent to it but you should never resist the police from performing their task. Instead, you should let the police conduct the search and inform them that you do not approve of the search.