Email: hmichaelsteinberg@
Contact Us

    Please use the contact form to send us an email - and receive a response within 12 hours.

    Emergency? Call 720-220-2277 (24/7)

Map To Our Office
View Larger Map
Read Out Blog
Case Evaluation
Charged With A Crime?

Colorado Police Must Now Advise You of Your Right To Refuse a Search NOT Based on Probable Cause

A little known law that was quietly signed by the Governor of Colorado in 2010 requires some attention. Here is how it applies. In the past, if a police officer who has NO evidence that you have committed a crime, asks for your permission to conduct a search of your person or your car, he or she did NOT have to advise you that you have the right to refuse said search. The new law requires the police officer to advise you that you have the right to refuse and he – she must obtain your oral or written consent to the search.

Here is a summary of the new law:

HB 1201: Concerning Duties Related to Peace Officer Contacts

Status: Passed the House (37-28) and Senate (35-0) and signed into law on April 29, 2010. Effective Date: April 29, 2010

Description: This new law requires that prior to conducting a consensual search of a person, personal effects, or vehicle a peace officer must get either oral or written consent for the search after advising the person that they may refuse.

This new law does not apply to a valid search incident to a lawful arrest or to a search for which there is a legal basis which includes, but is not limited to, searches in correctional facilities, jails, community corrections facilities, mental health facilities or searches of a person on probation or parole by a probation or parole officer when such searches are a condition of supervision.

Other Articles of Interest:

If you found the information provided on this webpage to be helpful, please click my Plus+1 button so that others may also find it.

H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:
Colorado Criminal Law Blog:
Main:  303.627.7777
Cell:  720.220.2277
24/7 Pager:  303.543.4433
FAX (Toll Free):  1.877.533.6276
Always investigate a lawyer's qualifications and experience before making a
decision to retain that lawyer or, for that matter, any professional any field.