(1) If any person makes an affidavit before the judge of any county or district court stating that he or she has reason to and does believe that alcohol beverages are being sold, bartered, exchanged, divided, or unlawfully given away, or kept for such purposes, or carried in violation of this article 3 and article 4 of this title 44 within the jurisdiction of such court, and describing in the affidavit the premises, wagon, automobile, truck, vehicle, contrivance, thing, or device to be searched, the judge of the court shall issue a warrant to any officer, which the complainant may designate, having power to serve original process commanding the officer to search the premises (other than a home), wagon, automobile, truck, vehicle, contrivance, thing, or device described in the affidavit.
(2) The warrant shall be substantially as follows:
STATE OF COLORADO ) ) ss.
County of.................................................)
The People of the State of Colorado to..........................................................
Greeting:
Whereas, there has been filed with the undersigned an affidavit of which the following is a copy:
(Here copy of affidavit)
Therefore you are hereby commanded, in the name of the people of the State of
Colorado, forthwith, together with the necessary and proper assistance to enter into
(Here describe place mentioned in the affidavit)
of the said ........ situated in the county of ........ aforesaid and there diligently search for the said alcohol beverages and that you bring the same or any part thereof found in such search, together with such vessels in which such beverages are found and the implements and furniture used in connection therewith, and the wagon, automobile, truck, vehicle, contrivance, thing, or device in which carried, forthwith before me, to be disposed of and dealt with according to law.
Given under my hand and seal this ........ day of ........, ...... ............................................
Judge of the ................ Court
(3) The officer charged with the execution of the warrant, when necessary to obtain entrance or when entrance has been refused, may break open any premises (other than a home), wagon, automobile, truck, vehicle, contrivance, thing, or device that by said warrant the officer is directed to search and may execute said warrant any hour of the day or night.
Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1063, § 2, effective October 1.
Editor's note: This section is similar to former § 12-47-905 as it existed prior to 2018.