700-08 Asset Seizure and Forfeiture Flashcards
In order for an asset to be seized as contraband, it must first meet the definition of contraband as stated in Chapter 59 of the Texas Code of Criminal Procedure. The property, whether real or personal, tangible or intangible, must meet one or more of the following requirements as having been:
a. Used in the ____.
b. Intended for ____.
c. Direct _____.
d. Obtained by a ____.
e. Obtained with the
1) commission of a criminal act
2) use in a criminal act
3) proceeds of a criminal act
4) criminal act
5) proceeds from a criminal act.
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
f. Cash amounts must be $____ or more. All money shall be counted and totaled.
5,000
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
g. Vehicles seized for fleet use shall:
- Be in ____.
- Not be more than ____ years old.
- Have less than ____ miles.
- Be inspected by ____
- Be taken only to the contracted seized vehicle storage location by the contracted seized vehicle towing company. All ____ shall be removed from the vehicle prior to it being towed.
1) good repair and operable
2) five
3) 50,000
4) Narcotics Division and Fleet Unit personnel.
5) property
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
h. Vehicles seized for an auction:
- Can be any year but must be in good working condition and have ____
- Shall be inspected by ____
- Shall be taken only to the ____ location. All property shall be removed from the vehicle prior to it being towed.
1) projected profitable resale value.
2) Narcotics Division and Fleet Unit personnel.
3) contracted seized vehicle storage
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
i. Boats shall be ____.
in good repair and operable
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
j. Aircraft shall be operable and in good repair.
The airframe and engine logbook and the Federal Aviation Administration (FAA) Airworthiness Certificate shall be with the aircraft. All available databases, including FAA and National Transportation Safety Board, shall be checked for accident and damage history. Any aircraft under consideration for seizure shall be inspected by an ____
HPD senior aircraft mechanic who holds an Inspection Authorization certificate.
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
k. Seizure of contraband with a lien against it must be approved by the _____
appropriate district attorney’s office.
All seizures shall be economically beneficial to the department. Before contraband may be seized, the following criteria shall be met:
I. All other seized contraband shall be both of the following:
- ____.
- Valued at $____ or more wholesale. Like items may be seized (e.g., numerous tools seized when a chop shop is raided), with a cumulative value meeting this criteria.
1) Serviceable
2) 5,000
PROCEDURAL GUIDELINES
When the department seizes contraband, the seizure shall be conducted according to the legal guidelines of the ____.
That district attorney is responsible for reviewing and filing the civil actions required in contraband seizure cases. The final decision to file a contraband seizure case lies with the ____
1) appropriate county’s district attorney
2) district attorney’s office.
PROCEDURAL GUIDELINES
Officers seizing contraband in Harris County shall immediately complete the Notice of Seizure packet located on the department’s Intranet Portal, which includes the Seizure Notification Form.
Officers shall email the Seizure Notification Form to the ____ and the ____ using the email addresses provided.
Officers seizing contraband in other counties shall contact the appropriate district attorney’s office in that county for instructions and documentation requirements.
1) Harris County District Attorney’s Special Crimes Unit
2) Narcotics Division’s Asset Forfeiture Unit
PROCEDURAL GUIDELINES
Members of the department who are anticipating seizing computer systems or related equipment
are to follow the guidelines provided in General Order 700-01, Property and Evidence Control
Regulations. Any questions should be directed to the ____
Houston Forensic Science Center’s Digital Forensics Unit.
PROCEDURAL GUIDELINES
When a seizure operation involves department personnel and other agencies (e.g., FBI, DEA, or
U.S. Immigration and Customs Enforcement), department personnel are regulated by this
General Order’s guidelines and criteria for seized items.
Should any conflict arise regarding which agency or division is to take possession of seized contraband, the ____ shall coordinate efforts to resolve the issue with the other agencies or divisions involved. If the matter cannot be resolved, the issue shall be forwarded through the chain of command until agreement has been reached.
When seizures are processed federally, the seizing officer shall coordinate the action with the appropriate federal agency and the
1) commander of the department’s division assigned to the case
2) Narcotics Division’s Asset Forfeiture Unit.
DELEGATION OF RESPONSIBILITIES
Seizing Officer
The seizing officer is responsible for:
a. ____ for possible seizure.
b. Determining all items seized ____
c. Arranging for a ____ to be exposed to seized currency (unless the currency is obviously tainted).
d. Documenting items in the ____
e. Completing all ____
f. Hand carrying all original paperwork and copies of supporting documentation to the ____ at 700 San Jacinto, for forwarding to the Narcotics Division at 1200 Travis.
g. Emailing all appropriate forms to the ____ and the Narcotics Division’s Asset Forfeiture Unit.
1) Identifying items
2) meet prevailing state and federal statutes and the department’s seizure criteria.
3) Narcotics Division canine
4) incident report.
5) appropriate forms.
6) Narcotics Operations Control Center (NOCC)
7) proper district attorney’s office
DELEGATION OF RESPONSIBILITIES
Asset Forfeiture Unit
After review, the Asset Forfeiture Unit shall:
a. ____ to the appropriate district attorney’s office for state seizures or the appropriate federal agency for federal seizures.
b. Act as ____between the department and the various district attorneys’ offices.
c. Provide ____ for the district attorney’s office to complete the investigation.
d. Process the seized contraband according to the district attorney’s ____.
e. Track the process of seized items through the _____.
1) Deliver the original paperwork
2) liaison
3) any additional follow-up investigation
4) banking procedures
5) courts and civil procedures
EXCEPTIONS TO THE ESTABLISHED SEIZURE CRITERIA
It is recognized there may be occasions when exceptions to the seizure criteria must be granted (e.g., real property seizures). Any contraband that does not meet the department’s established criteria can be seized when the ____ and the ____agree the guidelines should be waived. This type of seizure shall be evaluated on a case-by-case basis.
1) assistant chief of the appropriate investigative division
2) Narcotics Division’s assistant chief
