Your rights matter. One of the most important rights that you have is freedom from being searched unreasonably by law enforcement. In Colorado, police must comply with certain search laws. If they fail to do so, any evidence that they obtain in an illegal search could potentially be excluded from a criminal case. At The Martin Law Firm, we put the rights of clients first. Here, our Montrose defense attorney provides a comprehensive guide to searches by law enforcement in Colorado.
The U.S. Constitution Protects You Against Illegal Searches
The Fourth Amendment to the United States Constitution and Article II, Section 7 of the Colorado Constitution both protect people from unreasonable searches and seizures. Colorado courts often interpret the state constitution as providing equal or greater protection than federal law. A search occurs when law enforcement intrudes on a reasonable expectation of privacy. If a search is unreasonable, the evidence may be suppressed.
Search Warrants and Probable Cause Requirements
The default rule in Colorado requires a warrant before police conduct a search. In other words, police officers generally (but not always) need to get a warrant before they search your person or your property. A judge must issue the warrant. The affidavit presented to the judge that seeks that warrant must establish probable cause. Probable cause requires specific facts linking the place to be searched and the items sought to criminal activity. General or exploratory warrants are invalid in Colorado. Warrants must describe the location and items with particularity. In other words, they must be reasonably specific. Colorado courts review affidavits closely. Boilerplate language is not enough. If officers omit material facts or include false statements intentionally or recklessly, the warrant can be denied by the judge.
Warrantless Searches in Colorado
Colorado recognizes limited exceptions to the warrant requirement. The prosecution bears the burden to prove an exception applies. Courts construe these exceptions narrowly. Here is an overview of the most common exceptions to the warrant requirement for a search in Colorado:
- Consent: Consent allows police to conduct a search without a warrant if a person voluntarily agrees. The prosecution must prove consent was freely given, not coerced. Courts examine the totality of the circumstances, including tone, location, and whether the person was detained. A person may limit the scope of consent or withdraw it at any time. Any search that exceeds the granted scope violates Colorado search law.
- Searches Incident to Arrest: A lawful arrest permits a limited search without a warrant. Police may search the arrestee’s person and the area within immediate control. The purpose is officer safety and evidence preservation. The search must remain closely tied to the arrest itself. If the arrest is unlawful, the search and any evidence obtained become invalid.
- Exigent Circumstances: A lawful arrest permits a limited search without a warrant. Police may search the arrestee’s person and the area within immediate control. The purpose is officer safety and evidence preservation. The search must remain closely tied to the arrest itself. If the arrest is unlawful, the search and any evidence obtained become invalid.
- Plain View Doctrine: In Colorado, the plain view doctrine allows police to seize evidence without a warrant in limited situations. Officers must be lawfully present where the observation occurs. The incriminating nature of the item must be immediately apparent. Police may not manipulate or move objects to create a plain view. The doctrine permits seizure only, not a broader search.
- Automobile Exception: The automobile exception allows warrantless searches of vehicles based on probable cause. Police must have a reasonable belief that evidence or contraband is inside the vehicle. The exception rests on vehicle mobility and reduced privacy expectations. Probable cause must relate to the vehicle itself, not general suspicion. The scope of the search extends only to areas where the evidence could reasonably be found.
A Motion to Suppress Evidence
Motion to suppress evidence is the primary procedural tool used to challenge an illegal search in a Colorado criminal case. When law enforcement obtains evidence in violation of the Fourth Amendment or Article II, Section 7 of the Colorado Constitution, the defense may seek exclusion of that evidence from trial. Suppression applies to physical items, statements, and derivative evidence obtained as a direct result of the unlawful search. The defendant bears the initial burden to allege a constitutional violation. Once raised, the prosecution must justify the search by establishing a valid warrant or a recognized exception.
If the court grants a motion to suppress, the excluded evidence cannot be used to support guilt. In many cases, suppression weakens the prosecution’s case to the point of dismissal or forces a significant reduction in charges. Colorado courts also recognize suppression of secondary evidence that flows from the illegal search, often referred to as fruit of the poisonous tree. Prosecutors may attempt to avoid suppression by invoking doctrines such as independent source, inevitable discovery, or good faith reliance on a warrant.
How We Can Help Protect You From an Illegal Search
The Fourth Amendment to the U.S. Constitution protects people against unreasonable searches and seizures. If you were the subject of an unlawful search, your attorney can take action as part of the criminal defense process to seek a remedy, potentially including getting evidence thrown out of your case through a motion to suppress. At The Martin Law Firm, we are proactive and we invest time and resources into each and every case. Your initial consultation with our Montrose, CO criminal defense lawyer is completely confidential and without further obligations.
Contact Brent Martin Today
At The Martin Law Firm, our Montrose criminal defense lawyer is a skilled, aggressive, experienced, and solutions-focused advocate for justice. If you have any questions or concerns about a police search, we are here to help. Call us now or contact us online to set up a completely confidential initial consultation. With an office in Montrose, we provide criminal defense representation all across the surrounding region in Colorado.