Rules Of Evidence

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Rule 4 of Colorado Rules Criminal Procedure (CRCP) Requirements

*Rule 4 deals with arrest warrants*

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If a warrant is requested, the felony complaint must contain or be accompanied by a sworn statement of facts establishing probable cause to believe that a criminal offense has been committed, and that the offense was committed by the person for whom the warrant is sought. In lieu of such sworn statement, the felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by the witness giving the testimony

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Rule 4 of CRCP-Wardant form

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The arrest warrant shall be a written order issued by a judge of a court of record directed to any peace officer and shall: State the defendant's name or if that is unknown, any name or description by which he can be identified with reasonable certainty.

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Rule 4 of CRCP- Summons Form

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If summons is issued in lieu of a warrant pursuant to this rule, the summons shall:

1.) Be in writing

2.) State the name of the person summoned and his address

3.) Identify the nature of the offense

4.) State the date when issued and the county where issued

5.) Be signed by the judge or clerk of the court with the title of his office

6.) Command the person to appear before the court at a certain time and place

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Rule 4 of CRCP- Warrant Execution

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The Warrant shall be executed by arresting the defendant. The officer need not have the warrant in his possession at the time of arrest, but if he has the warrant at that time he shall show it to the defendant immediately upon request. If the officer does not have the warrant in his possession at the time of arrest, he shall then inform the defendant of the offense and of the fact that a warrant has been issued, and upon request he shall show the warrant to the defendant as soon as possible.

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Rule 41 of CRCP- Who may issue a warrant

*Rule 41 deals with search warrants*

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Authority to Issue Warrant. A search warrant authorized by this Rule may be issued by any judge of a court of record.

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Rule 41 CRCP- Grounds for issuance

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1.) Which is stolen or embezzled.

2.) Which is designed or intended for use as a means of committing a criminal offense

3.) Which is or had been used as a means of committing a criminal offense

4.) The possession of which I'd illegal

5.) Which would be material evidence is a subsequent criminal prosecution in this state or in another state.

6.) The seizure of which is expressly required, authorized, or permitted by any statue of this state.

7.) Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statue of thi state, under circumstances involving a serious threat to public safety or order, or to public health.

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Rule 41 of CRCP- Execution of warrant

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Search warrant shall be executed within 14 days after its date.

Officers executing search warrant shall first announce identity, purpose, and authority. And if they are not admitted, may make a forcible entry into the place to be searched.

May do a no novk warrant if the warrant expressly authorizes them to do so or if the particular facts and circumstances known to them at the time the warrant is to be executed adequately justify dispensing with this requirement.

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Types of physical evidence

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1.) Real evidence

2.) Documentary evidence

3.) Scientific evidence

4.) Direct evidence

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Hearsay Rule

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A statement that is not offered for the truth of the statement, but rather to show the state of mind, emotion or physical condition can be an exception to the rule against hearsay evidence.

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Direct evidence

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Proves fact directly.

Witness smelled, tatsted, felt, heard, saw.

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Circumstantial evidence

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Evidence doesn't directly show facts.

A defendant may be convicted on circumstantial evidence alone.

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Purpose of rules of evidence

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Is to regulate the evidence that the jury may use to reach a verdict. Eliminate distrust, and encourage admitting evidence in close cases.