Police Searches

The Fourth Amendment to the United States Constitution and article II, section 7 of the Colorado Constitution prohibit all unreasonable searches and seizures, and any search and seizure inside a person’s home without a warrant is presumptively unreasonable unless an exception applies.

There are exceptions to this rule, however. First, the police can search your home with either your consent or the consent of a resident with apparent authority. So, your spouse or roommate could provide consent to search. Pursuant to C.R.S. § 16-3-310, police in Colorado must let you know that you can refuse consent. You should never consent to a search of your home.

Second, in situations with exigent circumstances, the police may conduct a warrantless search. For example, this happens when there is something going on that requires immediate attention like preventing the destruction of evidence or preventing harm to somebody.

Searches do not require a warrant when inculpatory evidence is in plain view, or in other words when the police can see it right in front of them. This can happen when the police see drug paraphernalia in your car, for example.

If the police conduct a warrantless search that does not fall under one of the several exceptions, and you are arrested and/or charged with a crime, you may be able to have that evidence suppressed. In other words, the district attorney may not be able to use that evidence against you.

This is accomplished by filing a motion to suppress the evidence and having a hearing. Pursuant to the exclusionary rule, evidence obtained through an illegal and/or unreasonable search cannot be used in trial.

Finally, pursuant to the fruit of the poisonous tree doctrine, the use of illegally obtained evidence to procure a search warrant may also be excluded. The Supreme Court ruled as such in Wong Sun v. United States, 83 S. Ct. 407 (1963).

Generally, the police can only search your property if they have a warrant to do so. If you are the subject of a search, call an experienced attorney at Prager Law as soon as possible.