Being Stopped by Police in Colorado
Police searched me or my car — here's what Colorado law says and what to do next.
Statute: Colo. Const. Art. II, section 7 (security of person and property); C.R.S. section 24-10-109 (tort claims — 182 days)
Deadline: 182 days
Penalty: Colorado requires government tort claims be filed within 182 days. The state constitution provides protections parallel to the Fourth Amendment
What is being stopped by police?
The 4th Amendment protects you from unreasonable searches and seizures. In most cases, police need a warrant signed by a judge before they can search your home, car, phone, or belongings.
There are exceptions — police can search without a warrant if you give consent, if evidence is in plain view, or in certain emergency situations. But the default rule is: no warrant, no search.
What to Do If Police Want to Search You
Step 1: Say clearly: "I do not consent to any searches." Say it calmly and repeat it if needed. This preserves your rights even if police search anyway.
Step 2: Ask: "Do you have a warrant?" If police say yes, ask to see it. A valid warrant must specify the place to be searched and the items to be seized.
Step 3: Do not physically block or resist a search, even if you believe it's illegal. Your remedy is in court, not on the scene.
Step 4: Document everything afterward. Write down what happened, what was searched, what was taken, and the names/badge numbers of officers involved.
Step 5: If evidence was obtained through an illegal search, your attorney can file a motion to suppress it (the "exclusionary rule" from Mapp v. Ohio, 1961).
How Colorado differs from federal law
Colorado provides broader search and seizure protections than federal law in several areas:
- The Colorado Constitution, Art. II, § 7 protects against unreasonable searches and seizures
- Colorado courts have interpreted Art. II, § 7 more broadly than the Fourth Amendment in some areas
- Colorado rejected the federal "good faith exception" to the exclusionary rule under the state constitution — the People v. Altman decision preserved the exclusionary rule
- Colorado requires warrants for most searches with standard exceptions
- Colorado has strong protections for digital privacy — warrants are required for electronic communications
- Colorado does allow sobriety checkpoints — the Colorado Supreme Court upheld their constitutionality in People v. Rister (1990)
Additional steps in Colorado
If you believe your rights were violated, contact a Colorado criminal defense attorney. File a complaint with the law enforcement agency's internal affairs. The ACLU of Colorado can be reached at (303) 777-5482 or aclu-co.org.
What you should NOT do
Don't consent. Police may ask "mind if I take a look?" or "you don't have anything illegal, right?" These are requests for consent. You can say no.
Don't leave your door open. If police knock on your door, you can speak through the door or step outside and close it behind you. An open door can give police a "plain view" argument.
Don't unlock your phone. Police cannot force you to unlock your phone with a passcode (5th Amendment). Biometric locks (fingerprint, face) have less protection — consider disabling them during an encounter.
Don't destroy evidence. If police are approaching, do not throw away or destroy anything. That creates new charges and implies guilt.
Don't wait — the clock is ticking.
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Generate your unlawful search →This page is general legal information for Colorado, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Colorado.