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When Is A Colorado Search Warrant Legally Sufficient?

When Is A Colorado Search Warrant Legally Sufficient?

When Is A Colorado Search Warrant Legally Sufficient?

By H. Michael Steinberg – Colorado Criminal Defense Lawyer for The Protection of Your Rights

When Is A Colorado Search Warrant Legally Sufficient?  – When you have had your car, home or even your person searched pursuant to a search warrant.. it is not an experience you will soon forget.

If a search warrant has been illegally issued or illegally executed – you – as a defendant – have a constitutional right to challenge that warrant.

The Proper Motion To File Is Called – A Motion To Suppress The Evidence Seized Pursuant To The Warrant

If you file a Motion to Suppress you are called the “moving party.” You are seeking suppression of the evidence that can be used against you at trial.  Recent Colorado cases have held that – as the moving party – you, the defendant have “the burden of proof” to allege and show that the  search or seizure in your case violated your right to privacy under the Fourth Amendment.

When Is A Colorado Search Warrant Legally Sufficient? – The Motion To Suppress Under Colorado Rule Of Procedure Rule 41(e)

A motion to suppress under Crim. P. 41(e) is a claim that defendant’s Fourth Amendment rights have been violated.

Here Is The Relevant Section In Question – Rule 41(e)

(e) Motion for Return of Property and to Suppress Evidence.

A person aggrieved by an unlawful search and seizure may move the district court for the county where the property was seized for the return of the property and to suppress for use as evidence anything so obtained on the ground that:

(1) The property was illegally seized without warrant; or

(2) The warrant is insufficient on its face; or

(3) The property seized is not that described in the warrant; or

(4) There was not probable cause for believing the existence of the grounds on which the warrant was issued; or

(5) The warrant was illegally executed.

The judge shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored unless otherwise subject to lawful detention and it shall not be admissible in evidence at any hearing or trial.

The motion to suppress evidence may also be made in the court where the trial is to be had. The motion shall be made and heard before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court, in its discretion, may entertain the motion at the trial.

A Motion To Suppress Must Be Specific

A motion to suppress must state with reasonable specificity the legal grounds upon which the motion is based.

If you are charged with a crime in Colorado and  have been the target of a search – either  warrantless or with a warrant, as the defendant under Crim. P. 41 you bear the burden of going forward with a showing that:

(1) the property was illegally seized without a warrant;

(2) (if there was a warrant) – the warrant is insufficient on its face;

(3) the property seized is not that described in the warrant;

(4) there was not probable cause for believing the existence of the grounds on which the warrant was issued;

or

(5) the warrant was illegally executed.

                        (Crim. P. 41(e)(1))

If You Meet Your Burden Of Proving An Illegal Search..

If you, as the defendant, satisfy your burden of proof under the Rule – then the prosecution / DA must show that your Fourth Amendment rights were not violated.

The typical allegation of an illegally issued or executed warrant alleges that  “[t]he warrant was executed illegally and the scope of the search exceeded the matters set forth in the warrant.”

When Is A Colorado Search Warrant Legally Sufficient?

ABOUT THE AUTHOR: H. Michael SteinbergEmail The Author  – A Denver Colorado Sex Crimes Criminal Defense Lawyer  – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about When Is A Colorado Search Warrant Legally Sufficient?, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

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Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving … When Is A Colorado Search Warrant Legally Sufficient?.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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