When the police are investigating a sex crime in Denver, Arapahoe, or Jefferson County, they often try to obtain a search warrant to look for more evidence in their case. They meet with a judge in secret to obtain the warrant. Even though your life will be negatively affected by a search warrant, you are not allowed at this meeting. It is completely one-sided. The police officer will explain why they want the warrant, how they have “probable cause” to invade your privacy, and then submit an Affidavit for Search Warrant. If the judge agrees the search warrant is merited, they will sign it and a search will be executed on your property. Let's take a closer look at search warrants in Colorado.
Which Cases Often Result in a Search Warrant?
Search warrants are executed in cases where the police need more evidence to bring someone to trial. In sexual offense cases in El Paso, Adams, and Douglas County, search warrants are very common.
- Sexual Exploitation of a Child: In these types of cases, Lakewood, Arvada, and Broomfield police will often obtain a search warrant to look for illegal, sexual images of children on electronic devices. Your home will be searched, and all electronic devices will be seized. This includes computers, laptops, tablets, iPods, mobile phones, external hard drives, thumb drives, etc.
- Sexual Assault: In these types of cases, Denver, Lone Tree, and Castle Rock police will search your home, car, or business in order to look for evidence of the alleged assault. Any physical evidence, such as bedding, will be seized to look for DNA evidence.
- Invasion of Privacy for Sexual Gratification: In these types of cases, Aurora, Greenwood Village, and Centennial police will search for photographs, videos, and other media you might possess which include sexual images of someone which were obtained without permission.
There are many cases where the police obtain search warrants in the state of Colorado. If you have been the subject of a search warrant, don't hesitate to contact one of our hardworking criminal defense lawyers to fight on your behalf. Once the search of your home, car, or business is complete, the police are required to file a return inventory of the items they seized with the court. They are also required to file a return of the warrant to let the judge know the status of the warrant.
An Example of a Search Warrant in Colorado
Even though the encounter was consensual, Kevin's home is being searched, and he will most likely be charged.
Kevin met Hannah at the retail store where they were both employed in Lone Tree. They really hit it off and enjoyed each other's company. Kevin finally worked up the courage to ask Hannah out on date. She agreed, and they went to a movie before heading to a local bar for drinks. They both lived in the same apartment complex, so they walked home from the bar. On the way home, Hannah asked to see Kevin's apartment “for a nightcap.” One thing led to another, and the two ended up sleeping together. The next morning, Hannah wasn't happy. She accused Kevin of taking advantage of her. She didn't recollect the night before, because she'd had a bit too much to drink at the bar. Kevin also drank, so he wasn't aware just how intoxicated she was. Besides, she had been the one to ask to visit his apartment. After a long argument, Hannah storms home. A few hours later, the police show up at Kevin's apartment with a search warrant. They want to look for evidence: Hannah told the police that Kevin forced her to have sex, and he is being investigated for Sexual Assault. The police rudely enter his apartment and seize all his bedding to look for DNA evidence of the assault. Kevin realizes he is in a terrible position – there will be evidence of a sexual encounter, but it is his word against Hannah's that the sex was consensual. In this situation, it would be wise for Kevin to contact an aggressive criminal defense attorney to be his advocate in court.
What Should I Do if I've Been Searched?
Contact an attorney immediately – don't talk to the police.
It is important to understand the importance of remaining silent when the police are conducting a search of your home or apartment. Cops will try to talk to you before, during, or after the search. They may seem like they're trying to help. In fact, they often will tell people they “just want to help.” This is a lie. They only want to gather evidence to use against you in the courtroom. If you've been the victim of a search warrant, don't talk to the police. Contact one of the tireless criminal defense lawyers at the O'Malley Law Office to begin work on your case.
Why You Need a Lawyer after a Search
If you've been the victim of a search warrant, you need to contact a knowledgeable criminal defense lawyer immediately. We have 40 years of combined courtroom experience, so we know when a search was unlawful. We know when a search exceeds the law and goes against the U.S. and Colorado Constitutional standards. We can suppress evidence which was obtained unlawfully, whether it was unconstitutional, or went against the “plain sight” rule. Don't stand alone. Work with the best criminal lawyer who knows criminal law inside and out and has a passion for fighting the ongoing battle between overreaching police officers and criminal defense attorneys. Work with an attorney who fights to win.Request a Free Consultation