509 Legal Asset Seizure

Question 1

.02 LEGAL AUTHORITY
A. The authority for the legal seizure of assets is contained in the following:
1. Texas ______________:
a. Chapter 18, Section 18;
b. Chapter 18, Section 19;
c. Chapter 47; and
d. Chapter 59;
2. Texas ________, Article 6687-1, Section 49; and
3. Various titles of the United States Code.

Answer 1

Code of Criminal Procedure

Motor Vehicle Laws

Question 2

.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
A. For purposes of this procedure, property is classified as:
1. ____ property;
2. Tangible or intangible______ property, including anything severed from land; or
3. A _____, including money that represents or embodies anything of value.

Answer 2

Real
personal
document

Question 3

.03 C. Chapter ___ 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 (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; or
c. Any felony under The______ ___ (Article 581-1 et seq., Vernon’s Texas Civil Statutes).

Answer 3

59
first or second
Securities Act

Question 4

.04 CRITERIA FOR LEGAL ASSET SEIZURE
A. Officers observing or detecting the presence of items specified in Section .03 of this procedure seize the property
according to law. Seizures of personal property occur in any _____ that the officer has a right to be.

Answer 4

place

Question 5

.04 CRITERIA FOR LEGAL ASSET SEIZURE
C. Seizure of any property subject to forfeiture may be made without a warrant if:
1. The person in charge of the property ______;
2. The seizure is incident to a search to which the person in charge of the property consents; or
3. The seizure is incident to a _____ _____ or search.

Answer 5

consents

lawful arrest

Question 6

.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.

Answer 6

Communication unit

Question 7

.05 ACT OF LEGAL ASSET SEIZURE

A. Officers document _________ for determining the status of property before the actual seizure of property.

Answer 7

probable cause

Question 8

.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 ____, Vehicle Detainer For Physical Evidence, for long-term impoundment pending _______ and coordinates with Vehicle Storage Unit personnel for the transfer of the vehicle from
their control area to a separate designated area for this purpose: or
b. ______ the hold on the vehicle.

Answer 8

110 - VH

litigation
Releases

Question 9

.06 CUSTODY OF SEIZED PROPERTY
A. The Legal Asset Seizure Detail ______ maintains possession of all seized money and other personal property while subject to the courts’ jurisdiction.

Answer 9

Supervisor

Question 10

.06 CUSTODY OF SEIZED PROPERTY
A.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 Bexar County _________ Office.

Answer 10

District Attorney’s

Question 11

.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 _____ _____ _____ ______; and
2. The Legal Asset Seizure Detail notifies __________ Unit personnel of any legitimate court orders or case status change involving the release of vehicles in order that these particular vehicles are returned to the control of the Vehicle Storage Unit personnel for release purposes.

Answer 11

Legal Asset Seizure Detail

Vehicle Storage

Question 12

.07 DISPOSITION OF FORFEITED PROPERTY
C. The Legal Asset Seizure Detail prepares enabling documentation to allow the ________ to obtain titles to vehicles distributed under this procedure

Answer 12

City of San Antonio

Question 13

.07 DISPOSITION OF FORFEITED PROPERTY
D. The ___________ determines whether property awarded under this procedure is:
1. Sold at public auction;
2. _________ for use by the Department for a law enforcement purpose; or
3. Destroyed.

Answer 13

Chief of Police

Converted

Question 14

.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 Purchasing and General Services Department of the City of San Antonio.

Answer 14

Finance Department