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Colorado Warrants Come in All Sizes

Colorado Arrest Warrants

Arrest warrants are useful for taking someone into custody if a Police Officer or Sheriff Deputy doesn't witness a crime. Warrants of this type are issued by a judge, upon application by law enforcement in a document called Affidavit for Arrest Warrant. The officer puts together a basic Affidavit and then takes it to a judge or magistrate to sign. In most Colorado jurisdictions like Adams, Denver, and Arapahoe County, the officer tells the judge what they want the bond amount to be. You have no rights at this point and judges almost always do what the officer wants. It is not an adversarial system where you can defend yourself, but lopsided for the government.

Colorado Search Warrants

Another common warrant is the Search Warrant. Again, this is issued by police Affidavit with no notice to the property owner in Rio Blanco, Garfield or Mesa County. We see these Search Warrants most frequently in sexual offenses, like Sexual Exploitation of a Child, C.R.S. 18-6-403. Law Enforcement will come into a home and search everything while they require the homeowner to sit at a table under guard. Police will then take all computers out of the house for forensic analysis at a laboratory, like the Rocky Mountain Regional Computer Forensics Laboratory, in Centennial. Search of cars, houses, sheds and individual items can all require a Search Warrant.

Warrants are designed to give the government access to a citizen's private space after a judge has considered whether probable cause of evidence of a crime exists to justify the intrusion. According to the Colorado Supreme Court, "Probable cause exists when an affidavit for a search warrant alleges sufficient facts to warrant a person of reasonable caution to believe that contraband or evidence of criminal activity is located at the place to be searched." Once probable cause is found, the Court will allow the intrusion so that evidence can be obtained and used in a criminal prosecution.

Our lawyers often work with both arrest and search warrants. The tremendous invasion into a person's freedom or privacy is concerning to us. We find that many government workers and law enforcement officers will "fudge" on the affidavit to improve their chances of success with a judge. Then, they go on a fishing expedition trying to find evidence of a crime. We hold these officers to the four corners of their affidavit and successfully challenge their misstatements to judges.  In some cases, we can have the judge order evidence excluded from trial when wrongfully obtained under an untruthful Affidavit.

If you or a family member is the victim of police overreach through an improperly obtained arrest or search warrant, contact our experienced warrant lawyers at 303-731-0719 today. Together, we can protect their future.

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