Asset Forfeiture Flashcards
Policy
Deter criminal activity by depriving criminals of the profits and proceeds of their illegal activity. Revenue derived from these seizures is a benefit to the department, but not the primary objective.
Receipts for Property Seized
Officers are required to provide a receipt to the person who was in possession of the property at the time it was seized.
Time limitations to hold seized property
The investigating LE agency may hold seized property for up to 15 days to determine if there is sufficient evidence to file for Forfeiture of property.
CHP 300B
Asset Forfeiture Cover Report
CHP 300D
Asset Forfeiture Checklist
Information needed to request an AF case number
Date of seizure
Area location code
Defendants name
Name of allied agency/NTF and case number
Assets seized
Officers name and ID
Drugs seized and amount in grams
Area case number
Was a canine used
When is “tracking only” cases used?
1) No assets have been seized, 2) The investigation has been turned over to an allied agency/NTF for follow up and, 3) There is a reasonable expectation assets could be seized
Procedures at initial seizure
Investigating Officer shall complete the CHP 300D
Photograph all property/evidence where it is originally located
A receipt shall he given to the person who claims ownership
Individuals that claim no interest or ownership shall be requested to sign a CHP 304 (disclaimer of ownership of assets and waiver of right to notice of seizure)
Officer Responsibilities when processing seized currency
Immediately contact a supervisor
Should be photographed in place and processed for evidentiary value
Seizures of more than $1000
Shall not be stored in evidence locker
Shall be secured in:
Evidence Room
Safe
Allied Agency evidence room
Safety deposit box
Financial institution
AF interest bearing acct
Who books currency into evidence?
Normal business hours:
Area evidence officer and Area Commander
Outside Normal business hours:
One of 2 above shall be notified and respond to Area office. CO or Supervisor shall keep control of currency until it is processed
Seizures under $25000. What is the process
2 officers shall count currency
Document the amount on a CHP 36
Issue a receipt to the owner
If not taking ownership, request they sign a CHP 304
Seizures over $25000. What is the process?
Shall be packaged in a container
If found in different locations, must be packaged separately
Should be photographed in package
Container shall be sealed
Container shall be individually numbered
A receipt shall he given to the owner
If they claim no interest, request they sign a CHP 304
If money counting machine not available, should be stored until one is
If Area Office is not adequate to store money, other options should be explored
DAS
Notification of Drug/Asset Seizure
Prepared within 24 hours from the date of the incident
Located in CLETS
What to include on the DAS
Narrative
How search was initiated
Type of Contraband located
Assets seized
Allied Agencies/NTF’s involved
Area felony number
Name of all suspects and involved parties
Was a CHP 202D completed
