(1) A search warrant authorized by this section may be issued by any judge of a court of record.
(2) A search warrant may be issued under this section to search for and seize any property:
(a) Which is stolen or embezzled; or
(b) Which is designed or intended for use as a means of committing a criminal offense; or
(c) Which is or has been used as a means of committing a criminal offense; or
(d) The possession of which is illegal; or
(e) Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or
(f) The seizure of which is expressly required, authorized, or permitted by any statute of this state; or
(g) Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or
(h) Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding.
(3) A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding.
(4) Notwithstanding subsection (2) of this section, a court shall not issue a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
Source: L. 72: R&RE, p. 200, � 1. C.R.S. 1963: � 39-3-301. L. 85: (2)(g) amended and (2)(h) and (3) added, p. 615, �� 1, 2, effective June 2. L. 2023: (4) added, (SB 23-188), ch. 68, p. 246, � 10, effective April 14.
Cross references: (1) For provisions concerning search and seizure other than the provisions of this section and rule 41 of the Colorado Rules of Criminal Procedure, see � 7 of article II of the Colorado Constitution; for the issuance of search warrants under the Colorado Children's Code, see �� 19-1-112, 19-2-504, and 19-2-505.
(2) For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.