GM 509 Flashcards Preview

General Manual > GM 509 > Flashcards

Flashcards in GM 509 Deck (19):
1

***START***
For the purposes of the legal asset seizure procedure, property is classified as?

1) Real property
2) tangible or intangible personal property including anything severed from land
3). A document including money that represent or embodies anything of value

2

Criteria for legal asset seizure: Seizure of any property subject to forfeiture may be made without a warrant if
1)
2)
3)

1) The person in charge of the property consent
2) The seizure is incident to a search to which a person in charge of the property consents
3) The seizure is incident to a lawful arrest or search

3

Officers request -------assistance in all cases of legal assets seizure

Supervisory

4

After evaluation of a case involving property other than vehicles, the legal asset seizure detail transfers the property seized to -------

Designated storage facility

5

Who maintains possession of all seized money and other personal property while subject to the court's jurisdiction?

Legal asset seizure detail supervisor

6

Seized personal property, including money, is placed in the -------as evidence with a hold for the legal asset seizure detail

Property room

7

Who determines whether property awarded under the legal asset seizure is sold at public auction?

Chief of police

8

legal asset seizure: disposition of forfeited property.
In the case of property disposed of at public auction, the property is sold in a manner consistent with existing administrative policies of the finance department and the--------- department of the city of San Antonio

Purchasing and general services department

9

The Legal asset seizure detail prepares enabling documentation to allow ---------------to obtain titles to vehicles distributed under the legal asset seizure procedure.

City of San Antonio

10

Who is authorized to enforce the provisions of the legal asset seizure laws?

Any peace officer

11

03 SEIZURE AND CLASSIFICATION OF PROPERTY INVESTIGATED BY THE LEGAL ASSET SEIZURE
DETAIL SEIZED UNDER THE AUTHORITY OF THE CODE OF CRIMINAL PROCEDURE CHAPTER 59
C. Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things:
1. Used in the commission of:
a. Any ___ or ___degree felony under the Texas Penal Code;
b. Any felony under Texas Penal Code Section 15.031(b), 21.11, 38.04 (____), 43.25, or 43.26 or
Chapter 29 (R____), 30 (B____), 31 (T____), 32 (F___), 33 (C____),
33A (T_____), or 35 (I_____), of the Texas Penal Code; or
c. Any felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes).

a) first or second
b) b. Any felony under Texas Penal Code Section 15.031(b), 21.11, 38.04 (Evading Arrest), 43.25, or 43.26 or
Chapter 29 (Robbery), 30 (Burglary/Criminal Trespass), 31 (Theft), 32 (Fraud), 33 (Computer Crimes),
33A (Telecommunications Crimes), or 35 (Insurance Fraud), of the Texas Penal Code

12

03 SEIZURE AND CLASSIFICATION OF PROPERTY INVESTIGATED BY THE LEGAL ASSET SEIZURE
DETAIL SEIZED UNDER THE AUTHORITY OF THE CODE OF CRIMINAL PROCEDURE CHAPTER 59
C. Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things:
2. Used or intended to be used in the commission of:
e. A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code (L_____), if the
defendant has been previously convicted _____ of an offense under that subchapter; or
f. Any felony under Chapter 152, Finance Code.

e) Littering
twice
f) Finance Code

13

.04 CRITERIA FOR LEGAL ASSET SEIZURE
E. The Legal Asset Seizure Detail is notified through the _____before officers leave the scene in all
potential seizure cases with the exception of vehicles being impounded as criminal instruments, and cash money which is placed in the Property Room as designated by GM Procedure 606, Impounding Property.

Communication unit

14

.05 ACT OF LEGAL ASSET SEIZURE
D. Seized property, to include vehicles, is impounded as evidence, and transported to a facility for storage as designated by GM Procedures 606, Impounding Property or 607, Impounding Vehicles
2. After evaluation of a case involving a vehicle, the Legal Asset Seizure Detail:
a. Prepares SAPD Form _____, for long-term impoundment pending litigation and coordinates with ______personnel for the transfer of the vehicle from
their control area to a separate designated area for this purpose

#110 - VH, Vehicle Detainer For Physical Evidence
Vehicle Storage Unit

15

.05 ACT OF LEGAL ASSET SEIZURE
F. Officers attempt to determine ______at the time of seizure and include this information in reports submitted.

ownership of property

16

.06 CUSTODY OF SEIZED PROPERTY
A. The Legal Asset Seizure Detail Supervisor maintains possession of all seized money and other personal property while subject to the courts' jurisdiction.
4. Seized money, pending litigation and release to the Legal Asset Seizure Detail, is deposited into an interest bearing account designated for that purpose by the _______ Office.

Bexar County District Attorney's Office

17

.06 CUSTODY OF SEIZED PROPERTY
B. A separate designated storage area for seized vehicles is utilized until disposition is determined by the court. Vehicles are maintained as evidence apart from other impounded vehicles, and not released without the authorization of the Legal Asset Seizure Detail; and
1. Court orders commanding the release or other disposition of seized motor vehicles are first routed through the ______.

Legal Asset Seizure Detail

18

.07 DISPOSITION OF FORFEITED PROPERTY
D. The Chief of Police determines whether property awarded under this procedure is:
1. S_____;
2. C_____; or
3. D______.

1. Sold at public auction;
2. Converted for use by the Department for a law enforcement purpose; or
3. Destroyed.

19

.07 DISPOSITION OF FORFEITED PROPERTY
E. In the case of property disposed of at public auction, the property is sold in a manner consistent with existing
administrative policies of the _____and the ______of the City of San Antonio.

Finance Department
Purchasing and General Services Department