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Criminal procedure

admissible evidence

For evidence to be admissible in a criminal prosecution it generally must have been obtained legally—with a search warrant, or based on an exception to the search warrant requirement, such as consent to search—and be relevant and reliable.

In Colorado, as in other states, evidence must be obtained legally to be admissible in a criminal prosecution. This means that law enforcement officers typically need to have a valid search warrant before conducting a search and seizing evidence. However, there are exceptions to this requirement, such as when an individual gives consent to a search, when evidence is in plain view, during a search incident to a lawful arrest, or in exigent circumstances where there is no time to obtain a warrant. Additionally, the evidence must be relevant to the case, meaning it must have a tendency to make a fact more or less probable than it would be without the evidence, and it must pertain to the crime being prosecuted. The evidence must also be reliable, which means it must be trustworthy and credible. If evidence is obtained in violation of these principles, it may be subject to suppression through a motion to suppress, meaning it cannot be used against the defendant in court. The exclusionary rule, which is a legal principle that prevents illegally obtained evidence from being used in court, is the mechanism through which such evidence is excluded.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Colorado State Code

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Criminal procedure

admissible evidence

Colorado State Code