(1) The district attorneys of the several judicial districts in the state of Colorado shall:
Render, in their quasi-judicial capacity, legal advice to peace officers, upon the request of such officers or of the court, pertaining to the preparation and review of affidavits and warrants for arrests, searches, seizures, nontestimonial identification items, and court orders for the production of records;
Examine and evaluate each affidavit for a no-knock search warrant sought pursuantto part 3 of article 3 of title 16, C.R.S., and render legal advice regarding such affidavit to the peace officer submitting the affidavit before such affidavit is submitted to a judge. A district attorney, including any assistant district attorney, chief deputy district attorney, or deputy district attorney, shall indicate approval of an affidavit by placing the date and his or her signature and attorney registration number on the affidavit as allowed by statute or court rule. A district attorney shall only sign an affidavit for a no-knock search warrant sought pursuant to part 3 of article 3 of title 16, C.R.S., upon satisfaction that the information in such affidavit:
Fulfills the requirements of section 16-3-303, C.R.S.; and
Supports the lawful issuance of a search warrant pursuant to section 16-3-301, C.R.S.
In the absence of the bad faith performance of the duties specified in this section, thedistrict attorneys of the state of Colorado shall be immune from liability for the performance of said duties; except that such immunity shall not apply to charges of perjury in the first degree, perjury in the second degree, or false swearing brought pursuant to section 18-8-502, 18-8-503, or 18-8-504, C.R.S., respectively.
The division of criminal justice within the Colorado department of public safety shallreview existing policies relating to the issuance and use of no-knock search warrants pursuant to section 24-33.5-503 (1)(q), C.R.S.
Source: L. 85: Entire section added, p. 717, § 1, effective April 30. L. 86: Entire section amended, p. 772, § 13, effective July 1. L. 2000: Entire section amended, p. 651, § 2, effective July 1. L. 2004: (1)(a) amended, p. 1378, § 3, effective July 1.
Cross references: For the description of "peace officer", see § 16-2.5-101.