Asset Forfeiture

Question 1

_____ means property of any nature, including real, personal, tangible, or intangible that is;
(a) used in the commission of 1st or 2nd degree felony etc..

Answer 1

Contraband

Question 2

_____ includes income a person accused or convicted of a crime or the person’s rep. or assignee receives from: movie, book, tape recording including internet etc…
(b) sale of tangible property the value is increased by notoriety gained

Answer 2

Proceeds

Question 3

_____ may not have property forfeited if proves by a proponderance of evidence that the owner was not a party to the offense giving rise to forfeiture and that contraband was stolen before commission of crime

Answer 3

Innocent Owner

Question 4

(1) Statutory Defense: Innocent owner
(2) Family Violence Defense: act of family violence prevented stopping illegal act
(3) Non-statutory Defenses: homestead, 5th amend, etc…

Answer 4

Defenses to Forfeiture

Question 5

_____ the need to establish who the property belongs to.

Answer 5

Ownership Problem

Question 6

1. Owner, operator or agent knowingly consents
2. Incident to search consented to
3. property subject to prior judgement of fofeiture
4. incident to lawful arrest, search, or lawful search incident to arrest

Answer 6

Search & Seizure Without Warrant

Question 7

1. Plain View
2. Emergency Searches (exigencies)
3. Area within immediate control at time of arrest
4. Safety Sweep of adjecent rooms

Answer 7

Exceptions to Warrant Requirement

Question 8

1. Schedule of property seized
2. Acknowledgement that officer seized property
3. List of reasons supporting seizure

Answer 8

Must provide attorney with sworn statement

Question 9

1. May be deposited in interest of bearing account

2. In jurisdiction of state attorney

Answer 9

Currency

Question 10

A person in ______ of property must be made party to the proceeding.

Answer 10

Possession

Question 11

1. Must place property under seal
2. Remove property to place ordered by court
3. Law enforcement should take custody of property

Answer 11

Not later than 72 hrs after seizure