395 Forfeiture (V6) Flashcards
The _____________________ of Forfeiture Unit shall be notified after normal working hours through
the Investigative Police Emergency Communications Officer (PECO) if a callout is required.
C. The Commanding Officer of Forfeiture Unit shall be notified after normal working hours through
the Investigative Police Emergency Communications Officer (PECO) if a callout is required.
Seizure of personal property not seized at the time of the FCFA violation, and which is located on private premises, may require a seizure warrant authorizing entry onto the private premises. The seizure warrant can be obtained by contacting the ________________________.
- Seizure of personal property not seized at the time of the FCFA violation, and which is located on private premises, may require a seizure warrant authorizing entry onto the private premises. The seizure warrant can be obtained by contacting the Civil Forfeitures Attorney at the State Attorney’s Office (SAO).
Real estate may be seized after who’s approval and the owner of the property is afforded a lis pendens hearing pursuant to the provisions of the FCFA?
- Real estate may be seized only after approval from the Commanding Officer of Forfeiture
Unit is received and the owner of the property is afforded a lis pendens hearing pursuant to
the provisions of the FCFA.
The determination of whether JSO should file a civil forfeiture action shall be made by the
____________________________ or his designee who is not directly involved in making the seizure.
- The determination of whether JSO should file a civil forfeiture action shall be made by the
Commanding Officer of Forfeiture Unit or his designee who is not directly involved in making
the seizure.
When seizing someone’s property what things must be listed in the report?
- If no record is found in the Simple Search Program for the owner of the contraband
property, officers shall complete a Form P-0983e (Online Forfeiture Request Form) 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. [CFA 30.02] - When it is determined probable cause exists to seize contraband subject to forfeiture under
FCFA, the following procedures shall be followed: [CFA 30.02]
a. Officers shall consult with their supervisor prior to initiating any forfeiture action (e.g.
towing of cars, seizing money, jewelry, electronics, etc.). Officers shall document, in the
narrative of the forfeiture request, the name of the supervisor who gave permission to
proceed with the forfeiture.
c. Have the person or owner who is in possession of the property being seized sign Form P-1714 (Seizure of Property Notice). Writing “Handcuffed” on the signature line of Form P-1714 (Seizure of Property Notice) is prohibited. Writing “Medically Incapacitated” is acceptable on the signature line of the form if the person has a medical condition that prevents them from signing the form. If the person refuses to sign, document the refusal by checking the “Refused” block on Form P-1714 (Seizure of Property Notice). The officer shall also document the refusal in the narrative of Form P-0983e (Online Forfeiture Request Form). The seizing officer shall ensure Form P-1714 (Seizure of
Property Notice) is read aloud to any claimant refusing to sign the form and that a copy of Form P-1714 (Seizure of Property Notice) is handed (hand to hand) to any such claimant.
When seizing someone’s property what must done by the officer and supervisor prior to the end of shift?
- Prior to the end of the shift, officers shall initiate, and supervisors must approve, a Form P0983e (Online Forfeiture Request Form) and submit it to the Forfeiture Unit. All reports
pertaining to the seizure (e.g., Arrest & Booking, Incident Report, etc.) shall be noted on
Form P-0983e (Online Forfeiture Request Form) in the supporting documentation section.
[CFA 30.02]
An officer seizing U.S. currency in the amount of $_______________ or more shall notify the Investigations PECO.
- An officer seizing U.S. currency in the amount of $5,000 or more shall notify the Investigations PECO. The PECO shall immediately notify the appropriate on-call Narcotics & Vice Section detective. The responding Narcotics & Vice Section detective shall coordinate with the Forfeiture Unit and determine if a Forfeiture detective is also needed to respond.
An officer seizing U.S. currency in the amount of $5,000 or more shall notify the Investigations PECO. The PECO shall immediately notify the appropriate on-call _____________________.
- An officer seizing U.S. currency in the amount of $5,000 or more shall notify the Investigations PECO. The PECO shall immediately notify the appropriate on-call Narcotics & Vice Section detective. The responding Narcotics & Vice Section detective shall coordinate with the Forfeiture Unit and determine if a Forfeiture detective is also needed to respond.
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.
- 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 Forfeiture Unit detective shall be notified.
Who will assign a Forfeiture Unit detective to assist in the forfeiture of a large seizure of property?
The Commanding Officer of Forfeiture Unit shall assign a Forfeiture Unit detective to
assist in the forfeiture of the property as necessary.
After the investigation reveals the currency to be seized was derived through illegal
activities, whos approval is necessary to seize said currency?
- Cash Seizures [CALEA 1.2.4, 43.1.5, CFA 30.02]
Officers seizing U.S. currency shall adhere to the following procedures:
(1) After the investigation reveals the currency to be seized was derived through illegal
activities, the determination as to whether to seize currency must be made by
supervisory personnel;
What is the minimum currency only seizure when proving the nexus between the money and the felony activity?
(2) The minimum currency only seizure is $750 when a nexus can be proven between the money and the felony activity. If a vehicle is seized in conjunction with other assets, then any amount can be seized;
If the seizure is currency of $_________________ or more, a supervisor shall respond to the scene;
(3) If the seizure is currency of $5,000 or more, a supervisor shall respond to the scene;
Who’s approval is required when it is determined not to count the money at the scene?
(4) The supervisor shall determine if the money is not to be counted at the scene. If the money is not counted at the scene, the supervisor shall have the reason documented on the forfeiture paperwork;
________________ shall ensure all of the currency is __________ bagged and sealed with _______ on the bag.
A. Rank
B. Type bagged
C. Marked
(5) The supervisor responding shall ensure all of the currency is securely bagged and
sealed with tape along with his initials on the bag;
