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Smith - Order 395 v1 - Forfeiture > 395 - Forfeiture > Flashcards

395 - Forfeiture Flashcards

1
Q

Who is the owner of Order 395 - Forfeiture

A

Commanding Officer of Forfeiture Unit

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2
Q

The Forfeiture Unit is responsible for reviewing all seizure submissions of vehicles and other property seized by the Jacksonville Sheriff’s Office (JSO) members to ensure compliance with the _____

A

Florida Contraband Forfeiture Act (FCFA) Florida State Statue (F.S.S.) 932.701-706.

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3
Q

The _______ shall be notified after normal working hours through the Investigative Police Emergency Communications Officer (PECO) if a callout is required.

A

Unit Commander of the Forfeiture Unit

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4
Q

______ is the section of Florida State Statute governing the forfeiture process in the State of Florida.

A

Florida Contraband Forfeiture Act (FCFA)

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5
Q

Probable cause seizures of _____ may be made at the time of FCFA violations without prior judicial approval.

A

personal property

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6
Q

Seizure of personal property not seized at the time of the FCFA violation and which is located on private premises may require a _____ authorizing entry onto the private premises.

A

seizure warrant

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7
Q

The seizure warrant can be obtained by contacting the _____ at the State Attorney’s Office (SAO).

A

Civil Forfeitures Attorney

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8
Q

Real estate may be seized only after the approval of the _____ and the owner of the property is afforded a _____ pursuant to the provisions of the
FCFA.

A

Forfeiture Unit Commander

lis pendens hearing

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9
Q

The determination of whether the Sheriff’s Office should file a civil forfeiture action will be made by the _____ or his designee who is not directly involved in making the seizure.

A

Forfeiture Unit Commander

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10
Q

Per the FCFA, a seizure may occur only if the owner of the property is arrested for a criminal offense that forms the basis for determining that _____, or one or more of the following circumstances apply:

A

the property is a contraband article under Florida State Statutes

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11
Q

Seizure: The owner of the property _____ after a diligent search, or the person in possession of the property _____ and the owner of the property ______ by means that are available to the employee or agent of the seizing agency at the time of the seizure;

A

cannot be identified
denies ownership
cannot be identified

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12
Q

Seizure: The owner of the property is a _____ or _____

A

fugitive from justice or is deceased;

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13
Q

Seizure: An individual who does not own the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under state statutes and _____ at the time of seizure.

A

the owner of the property had actual knowledge of the criminal activity

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14
Q

Seizure: _____ and _____, that the seized asset had been used in violation of the FCFA on a prior occasion by the arrested person, may be used to establish actual knowledge.

A

Evidence that an owner received written notification from a law enforcement agency
acknowledged receipt of the notification in writing

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15
Q

Officers will utilize _____ to obtain information that the property was previously seized or the owner had been warned on a previous contact;

A

Simple Search Program

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16
Q

Seizure: The owner of the property agrees to be a confidential informant as defined by Florida State
Statutes. The seizing agency may not use the threat of property seizure or forfeiture to coerce the owner of the property to enter into a confidential informant agreement. The seizing agency shall return the property to the owner if _____ and ______ or if the owner ceases being a confidential informant, unless the agency includes the final forfeiture of the property as a component of the confidential informant agreement;

A

criminal charges are not filed against the owner

the active criminal investigation ends

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17
Q

For purposes of this subparagraph, the term ______ means coin or currency of the United States or any other country; a traveler’s check; a personal check; a bank check; a cashier’s check; a money order; a bank draft of any country; an investment security or negotiable instrument in bearer form or in other form such that title passes upon delivery; a prepaid or stored value card or other device that is the equivalent of money and can be used to obtain cash, property, or services; or gold, silver, or platinum bullion or coins.

A

“monetary instrument”

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18
Q

Forfeiture: To assist officers in establishing probable cause and overcome an innocent party defense, officers should utilize the _____.

A

Simple Search Program – Forfeiture Tab

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19
Q

To assist officers in establishing probable cause and overcome an innocent party defense, officers should utilize the Simple Search Program – Forfeiture Tab. If negative results return then officers should contact the owner, if not present, and attempt to have them _____ and ______.

A

respond to the scene and complete an Innocent Party letter

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20
Q

Forfeiture:

a. The Innocent Party letter can be found and downloaded from the Forfeiture Unit page located on the 94Net, Investigations & Homeland Security tab.
b. The signed Innocent Party letter will then be forwarded to _____ for follow up.
c. Although an officer will not be seizing the actual property, officers will document the contact via an _____ and submit it to _____ for follow up.

A

the Forfeiture Unit
online Forfeiture Request
the Forfeiture Unit

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21
Q

Forfeiture: If no record is found in the Simple Search Program for the owner of the contraband property, officers will complete an _____ documenting in the narrative section there was no previous warning in the Simple Search Program. It is crucial to complete this step; as this information is sent to the Simple Search Program database.

A

Online Forfeiture Request

22
Q

Officers will need to consult with _____ prior to initiating any forfeiture action (towing of cars, seizing money, jewelry, electronics, etc.).

A

their supervisor

23
Q

Officers will document, in the narrative of the forfeiture request, the name of the _____ who gave permission to proceed with the forfeiture.

A

supervisor

24
Q

The officer seizing the contraband shall provide the owner or persons having a claim to the said seized contraband with a completed _____ at the time of the seizure.

A

Seizure of Property Notice Form (P-1714)

25
Q

Have the person or owner that is in possession of the property being seized sign the Seizure of Property Notice Form (P-1714). If the person refuses to sign, document the refusal by checking the _____ block on the Seizure of Property Notice Form (P-1714).

A

“Refused”

26
Q

Refusal to sign the Seizure of Property Notice: The officer shall also document the refusal _____.

A

in the narrative of the Online Forfeiture Request Form

27
Q

The seizing officer will ensure the Seizure of Property Notice Form (P-1714) is _____ to any claimant refusing to sign the form and that a copy of the Seizure of Property Notice Form (P-1714) is handed (hand to hand) to any such claimant.

A

read aloud

28
Q

Seizure of Property Notice: Writing “Handcuffed” on the signature line of the Seizure of Property Notice Form
(P-1714) is ______.

A

prohibited

29
Q

Seizure of Property Notice: Writing _____ is acceptable on the signature line of the form if the person has a medical condition that prevents them from signing the form.

A

“Medically incapacitated”

30
Q

Seizure of Property Notice: The Forfeiture Unit copy (signed) shall be forwarded to the Forfeiture Unit prior to the _____.

A

end of the shift

31
Q

A separate ______ will be completed for each property item being seized.

A

Online Forfeiture Request Form

32
Q

Seizures involving property other than ____, ____, ____ and _____ shall be placed in the Property and Evidence Facility with a hold for forfeiture.

A

vehicles, aircraft, boats, and large equipment

33
Q

Arrangements for the storage of aircraft, boats, and large equipment shall be made through the _____.

A

NCIC PECO

34
Q

If the contraband seizure is made by members of the Patrol Division and they request assistance, the _____ or _____ will respond to the scene and be responsible for the completion of all required documents.

A

appropriate Investigations or Narcotics/Vice Section Detective

35
Q

An officer seizing U.S. currency in the amount of _____ or more shall notify the Investigations PECO. The PECO will immediately notify the appropriate on-call
_____. That person will coordinate with the _____ and determine if a _____ is also needed to respond.

A

$5,000
Narcotics/Vice Section detective
Forfeiture Unit
Forfeiture Detective

36
Q

If a vehicle is seized for forfeiture and it contains property that is not being seized or needed for evidentiary purposes, the property shall remain in the vehicle and be _____ upon their request.

A

returned to the owners

37
Q

Officers will need to consult with _____ prior to initiating any forfeiture action (towing of cars, seizing money, jewelry, electronics, etc.) and notate _____ and _____ on the online Forfeiture Request in the _____ section.

A

their supervisor
the approving supervisor’s name and ID number
“Summary of the facts that are the facts of the seizure”

38
Q

When there is no other legitimate basis for holding seized property, ______

A

the property shall be promptly released.

39
Q

When there is an ongoing investigation and/or there is a potential for a large seizure of property (i.e., real estate, cars, cash, televisions, house furnishings, etc.) in any investigation, a _____ shall be notified Monday-Friday from 0730-1700 hours at (904) 588-0088.

a. _____ shall be notified after normal working hours through the Investigative PECO.
b. _____ will assign a _____ to assist in the forfeiture of the property as necessary.

A

Forfeiture Unit Detective
The The Forfeiture Unit Commander
Forfeiture Unit Commander
Forfeiture Unit Detective

40
Q

Any vehicle, when used in the commission of a felony was the proceeds of felony activity, is eligible for seizure and shall be seized unless there is an _____

A

“Innocent Owner.”

41
Q

Any vehicle driven by a Habitual Traffic Offender (HTO) is eligible for seizure and shall be seized unless there is an _____

A

“Innocent Owner.”

42
Q

If the violator’s license is already suspended, revoked, or cancelled as a result of a _____, the vehicle is, pursuant to Florida State Statutes, subject to seizure and forfeiture under the provisions of the Florida Contraband Forfeiture Act and shall be seized, unless there is an “Innocent Owner.”

A

prior DUI conviction

43
Q

Do suspensions for driving with unlawful blood alcohol level, failure to submit to breath/urine blood test, or a recent arrest for DUI but the license is not suspended for DUI fall under the FCFA? Are they eligible for seizure?

A

They do not fall under the FCFA, and therefore are not eligible for seizure based on that suspension alone.

44
Q

The determination as to whether to seize currency must be made by _____ personnel.

A

supervisory

45
Q

The minimum currency only seizure is _____ when a nexus can be proven between the money and the felony activity.

A

$750.00

46
Q

If a vehicle is seized in conjunction with other assets, then _____ can be seized.

A

any amount

47
Q

If the seizure is currency of _____ or more, a supervisor shall respond to the scene.

A

$5,000

48
Q

The _____ shall determine if the money is not to be counted at the scene. If the money is not counted at the scene, the _____ shall have the reason documented on the forfeiture paperwork.

A

supervisor

supervisor

49
Q

The _____ responding will ensure that all of the currency is securely bagged and sealed with tape along with _____ on the bag.

A

supervisor

his/her initials

50
Q

The _____ shall count the money in the presence of property room personnel prior to submission.

A

submitting officer

Smith - Order 395 v1 - Forfeiture (1 decks)

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