(1) It is hereby declared to be the intent of the general assembly that, when evidence is sought to be excluded from the trier of fact in a delinquency proceeding because of the conduct of a peace officer leading to its discovery, such evidence should not be suppressed if otherwise admissible when the proponent of the evidence can show that the conduct in question was taken in a reasonable, good faith belief that it was proper. It is further declared to be the intent of the general assembly to identify the characteristics of admissible evidence and not to address or attempt to prescribe court procedure.
(2) For purposes of this section:
"Good faith mistake" is defined in section 19-1-103 (53).
"Peace officer" has the meaning set forth in section 16-2.5-101, C.R.S.
"Technical violation" is defined in section 19-1-103 (105).
Evidence sought to be excluded in a delinquency proceeding because of the conductof the peace officer leading to its discovery shall not be suppressed by the court if the court finds that the evidence was seized by the peace officer as a result of a good faith mistake or a technical violation and the evidence is otherwise admissible.
Evidence that is obtained as a result of a confession voluntarily made in a noncustodial setting shall not be suppressed by the court in a delinquency proceeding if it is otherwise admissible.
It shall be prima facie evidence that the conduct of the peace officer was taken in thereasonable good faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation.
Source: L. 96: Entire article amended with relocations, p. 1656, § 1, effective January 1, 1997. L. 2003: (2)(b) amended, p. 1616, § 17, effective August 6.
Editor's note: (1) This section was formerly numbered as 19-2-209. Prior to relocation in 1996, the said section 19-2-209 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) The provisions of former section 19-2-803 were relocated to sections 19-2-516 and 19-2-908 when this article was amended with relocations in 1996.