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Colorado legal term

Actual or constructive possession in Colorado Criminal Law

Current through 2026 Colorado legislative session

In Colorado criminal law, “Actual or constructive possession” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Colorado criminal code.

What does “Actual or constructive possession” mean in Colorado criminal law?

"Actual or constructive possession" means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere. (C.R.S. § 18-1-411)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.