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Colorado Rule 41.1- When The Police Can Force Samples From Your Body
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law in the courts of Colorado for over 40 years.
Introduction
Under Crim. P. 41.1(c), a court may issue an order for police officers to collect non-testimonial identification evidence from a suspect if the officers have “probable cause to believe that an offense has been committed; . . . reasonable grounds, not amounting to probable cause to arrest, to suspect that the person named . . . in the affidavit committed the offense;” and believe the testimonial identification evidence will materially aid “in determining whether the person named in the affidavit committed the offense.”
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