HPM 81.5 - DRUG PROGRAMS Flashcards
CHP officers SHOULD NOT or SHALL NOT conduct traffic enforcement stops for primary purpose of drug interdiction without PC or reasonable suspicion?
SHALL NOT
mere suspicion or a hunch is not good enough
a SEARCH is the _________ intrusion into one’s person or property to seek potential __________ or __________ that may be concealed.
Physical intrusion
Evidence or contraband
Merely looking at that which is open to view is NOT a search
________________ (to search) exists when there are enough facts, training, knowledge, etc, to provide a fair probability the object being sought will be found in the location to be searched.
Probable Cause
*It’s enough info to lead an ordinary, intelligent person, with similar training and experience to arrive at same conclusion
_________________ is the belief that (1) something related to a crime has just happened, is happening or is about to happen and (2) the vehicle or person in the vehicle stopped, detained or contacted, is connected with that activity
Reasonable Suspicion
Who oversees all asset forfeitures?
FSS - Field Support Section
Dept members involved in asset forfeiture cases are required to complete a 216/202/180/36 forms and SHALL obtain __________ permission prior to asset seizure.
Supervisor
If an officer goes outside their area and makes a T stop resulting in seizure of assets, should normally obtain an Area Felony # from where?
the Area where the T stop was made
and route all reports through that Area
Seizing officers are required to provide an itemized __________ to the person who was in possession of any property at the time it was taken
Receipt
If person is not present (abandoned vehicle etc) the receipt must be left in prominent location within vehicle or premise
Investigating law enforcement agency may hold seized property for up to ___ days to determine if there’s sufficient evidence to file for forfeiture of property
Can hold for 15 days
Within the 15 days the agency is holding the seized property, they must notify _________________, with a request to initiate asset forfeiture procedures
the local DA
No seized currency shall be held in evidence for more than ___ days
15 days
Law enforcement agencies shall notify the __________________ where there is reasonable cause to believe the property seized has a value in excess of $5,000
Franchise Tax Board (FTB)
Division and Area AFCs (Asset Forfeiture Coordinators) shall be uniformed __________
supervisors
The Area AFC shall contact the Division AFC no later than ___ working days when a case could/has result in seizure of an asset
7 working days
This is to obtain a AF control number
Notify Division AFC within ___ hours when VEHICLES are seized by the Area
within 48 hours
When assets subject to seizure under AF laws have been identified by dept. personnel, a supervisor should be notified when?
And does supervisor have to respond to scene?
Immediately
Shall respond
BEFOFE assets are seized
When CHP handles an AF case to completion:
Read steps –>
- Shall notify supervisor / they shall respond.
- Confirm if there’s a MOU with allied agency.
- Invest. Officer shall complete CHP 300D - AF Checklist
- Photograph all evidence
- CHP 36 - provide to owner
- CHP 304 - when parties deny ownership
- Have 15 days to hold property. Contact the DA
- If case declined by DA - return stuff to owner (90 days for owner to claim money)
Do vehicles, aircraft, vessels etc. qualify for seizure under STATE AF laws?
Yes - when they are an instrument to FACILITATE the sale, possession for sale or manufacturing of a THRESHOLD AMOUNT of controlled substance.
Is there a minimum amount of controlled substance in order to seize a conveyance (vehicle, vessel, aircraft) under FEDERAL law?
NO
No minimum
Vehicles with hidden _______________ may be seized when there is a clearly established nexus to illegal drugs (drugs found in compartment or canine hit)
Hidden compartments
Seized vehicles should have a minimum value of $________ or more.
Area AFC shall notify Division AFC within ___ hours of seizure
$10,000 or more in value to be seized
Within 48 hours
Take at least ___ color photos of the seized vehicle
8 color photos (4 exterior / 4 interior)
What tow should be used for seized vehicle?
Evidence tow. Keep vehicle at office if there’s space
Is the Dept allowed to put into use any property recovered as a result of a STATE AF?
No - not allowed
BUT may accept Federal AF vehicles for use
