Skip to main content
Loading…
This section is included in your selections.

(a) Pursuant to section 94-112, among circumstances that may be considered in determining whether the requisite intent exists and the overt act was done are that the person:

(1) Is a known drug user, possessor, or seller. For the purpose of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any of the substances referred to in C.R.S. tit. 18, art. 18 (C.R.S. § 18-18-101 et seq.) or such person has been convicted of any violation of any of the provisions of substantially similar laws of any other state or the federal government or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks," or a person who possesses drug paraphernalia pursuant to C.R.S. tit. 18, art. 18 (C.R.S. § 18-18-101 et seq.).

(2) Transfers small objects or packages for currency in a furtive fashion.

(3) Repeatedly beckons to, stops, attempts to stop, or engages in conversations with passersby, whether such passersby are on foot or in a motor vehicle.

(4) Tries to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity.

(5) Is on or in a premises or area that are known to law enforcement as a place of unlawful drug activity.

(6) Made a specific request to acquire or dispense a prohibited substance, when such request or demand is corroborated by at least two persons.

(7) Makes a request or demand to acquire or dispense a prohibited substance under circumstances strongly corroborative of both the request or demand itself and the person's intent that the other person act on such request or demand.

(b) Any combination of three or more of the factors in subsection (a) of this section shall constitute probable cause to believe a violation of section 94-112 has occurred.

(c) The city council declares that each of the enumerated factors in subsection (a) of this section shall be severable from one another, and the declaration of the invalidity of one or more factors shall not repeal the remaining factors.

(d) In this section prohibited substance shall have the same meaning as ascribed to control substance as set forth in C.R.S. § 18-18-102. (Code 1979, § 27-77; Ord. No. 2007-24, § 2, 5-14-2007)