Colorado

(information last updated Fall 2017)

Ongoing Projects:

Federal Project Operating in the State:

EPA and NPS sponsor the Keep It Clean – Neighborhood Environmental Trios (KIC-NET) program in Denver, through which students collect and analyze local water samples.  See Earth Force’s KIC-NET, Fed. Crowdsourcing and Citizen Sci. Catalog, https://ccsinventory.wilsoncenter.org/#projectId/136 (last visited Apr. 10, 2017).  Students then present their work to city engineers responsible for managing stormwater runoff.  See id.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

Yes.  A person is liable for trespass if she simply “unlawfully enters or remains upon the premises of another.”  Colo. Rev. Stat. § 18-4-504.  “Premises” includes real property.  See Colo. Rev. Stat. § 18-4-504.5.

Other Provisions:

Trespass against property classified as “agricultural land” by a county assessor carries a heightened penalty.  Colo. Rev. Stat. § 18-4-504(2).

Stalking Laws:

Criminal Law:

“A person commits stalking if directly, or indirectly, through another person, the person knowingly:

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress.  For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.”  Colo. Rev. Stat. § 18-3-602. 

Use of Information:

Although our research is incomplete, these provisions could be construed to allow the use of information collected by citizens.

Explicitly Allow:

“[P]hotographs, video tapes, or films of property . . . obtained unlawfully are competent evidence[.]”  Colo. Rev. Stat. § 18-4-514.

Evidentiary Standards:

Pleading a Claim:

Requires certification that the claim “is well grounded in fact.”  C.R.C.P. 11.

Authentication or Chain of Custody:

 

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  CRE 901.

Expert Testimony:

Schreck-Daubert standard, but court may apply CRE 702 broadly to determine reliability of evidence.  See People v. Shreck, 22 P.3d 68, 70 (Colo. 2001).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.