AFP

Question 1

Division and Area commanders are each required to designate an Asset Forfeiture Coordinator (AFC) and an alternate.

Answer 1

Commanders and supervisors shall remain closely involved in all asset forfeiture cases, including decisions related to case processing and outcome.

Question 2

Officers who travel out of their assigned Area or Division and make an enforcement stop resulting in seizure of assets should normally obtain an Area felony number from Where?

Answer 2

The Area where the stop was made and should route all reports through that Area.

The AFC of the Area where the stop was made shall request an asset forfeiture case number from the Division AFC unless the Division AFC is processing the case. When the Division AFC is processing the case, the
Division AFC shall request an asset forfeiture case number from FSS.

Question 3

Area AFCs shall review their respective MOUs ______ in
order to ensure the agreements are current.

a. Annually
b. Quarterly
c. Bi-Annually
d. Monthly

Answer 3

a. Annually

Area AFCs shall forward copies of renewed MOUs to their Division no later than February 1 of each year.

Question 4

Divisions shall forward copies to FSS no later than ____.

a. February 1st
b. March 1st
c. April 1st
d. January 1st

Answer 4

b. March 1st

For MOUs not requiring renewal, the Area AFC shall sign and date the MOU on the signature page with the
notation “Reviewed - no changes required.”

Question 5

When an allied agency/NTF requests CHP assistance (e.g., canine sniff, wall stop, residential search warrant), the Department has typically not requested more than ___ percent.

a. 5
b. 10
c. 20
d. 50

Answer 5

b. 10

EQUITABLE SHARE. When more than one agency is involved in an investigation involving seizure of assets for forfeiture, the Department will negotiate an equitable
share of the asset forfeiture proceeds to reflect the proportionate contribution of each agency participating in the seizure. If the agencies cannot agree, the district attorney shall be the decisive arbitrator for state forfeitures. For federal forfeitures, the lead federal agency’s sharing policies/procedures shall prevail.

Question 6

Are Seizing officers required to provide an

itemized receipt to the person who was in possession of any property at the time it was seized.

Answer 6

Yes

In the event property was not seized from anyone’s possession, a receipt for the property must be delivered to the individual in control of the premises or vehicle from which the property was seized. If an individual is not present (abandoned vehicles or unoccupied residences), the receipt must be left in a prominent location within the vehicle or at the premises.

Question 7

A notice of seizure and intended forfeiture (hereafter referred to as Notice), as well as a claim form, must
be served on all persons present at a seizure. The Notice informs possible owners of seized property they have ____ days to file a claim of interest for the seized assets
with a specific court.

a. 20
b. 30
c. 60
d. 90

Answer 7

b. 30

Question 8

The investigating law enforcement agency may hold seized property for up to __ days to determine if there is sufficient evidence to file for forfeiture of the property.

a. 5
b. 10
c. 15
d. 30

Answer 8

c. 15

Within the 15 days, the investigating law enforcement
agency must notify the district attorney, preferably in writing, of their intent to initiate asset forfeiture procedures. After 15 days, the asset must either be returned to the owner or held as evidence (or held for another legal reason).

Question 9

Property seized as a result of a search warrant will require what prior to the movement of the property?

Answer 9

a court ordered release

A written release shall be obtained from the magistrate signing the search warrant, thus allowing the property to be released from the court’s custody and be eligible for seizure. This type of release is required prior to moving the property to a different location, before the conversion of seized currency, or before adoption by a federal agency.

Question 10

Law enforcement agencies shall notify the Franchise Tax Board (FTB) where there is reasonable cause to believe the property seized has a value in excess of ____.

a. $1000
b. $5000
c. $10000
d. $25000

Answer 10

$5000

Question 11

The Department has ___ days from the date of seizure (if conducting a joint investigation with a federal agency) or the date of adoption by the federal agency to file an interest in assets seized under federal law.

a. 30
b. 45
c. 60
d. 90

Answer 11

c. 60

Because of these time constraints, it is imperative that a copy of the arrest report be forwarded to FSS as soon as possible or no later than 20 days after the initial seizure. Once the 60-day statute of limitations expires, the Department may not claim any interest in the seized assets.

Question 12

Area AFCs shall be ____ and should be available during normal business hours.

a. Uniformed Officers
b. Uniformed Supervisors
c. Uniformed Managers
d. Commanders

Answer 12

b. Uniformed Supervisors

Question 13

Area AFC shall contact the Division AFC no later than ___ business days following an asset seizure, or a controlled substance for sale arrest/incident which could result in an asset seizure, and request an asset forfeiture case number.

a. 5
b. 10
c. 30
d. 60

Answer 13

a. 5

Question 14

Area AFC’s shall notify the Division AFC within __ hours when vehicles are seized by the Area and coordinate these seizures with the Division AFC.

a. 24
b. 36
c. 48
d. 40

Answer 14

c. 48

Question 15

Area AFC shall Forward all reports and related documents to FSS through the Division AFC within ___ days from the date of the seizure/incident.

a. 10
b. 20
c. 30
d. 15

Answer 15

b. 20

The Department’s assigned asset forfeiture case number shall be printed on the face page of all documents in the top right corner.

Question 16

If the Area AFC believes they have a case (including allied agency/NTF assists and cases turned over to an allied agency/NTF) which could result, or has resulted, in the seizure of an asset, the Area AFC shall notify the Division AFC via telephone or e-mail within ___ business
days.

a. 2
b. 3
c. 5
d. 10

Answer 16

c. 5

Upon such notification, the Division AFC shall contact the FSS AFC via telephone or e-mail within two business days to request a departmental asset forfeiture number.

If the Area AFC is unable to contact the Division AFC, the Area AFC may contact the FSS AFC directly for a forfeiture number, using the above procedures. If e-mail is used, the FSS AFC will send a copy to the Division AFC. If the request was made by phone, the FSS AFC will then be responsible for ensuring the Division AFC is apprised of the forfeiture number and case information.

Question 17

The Area AFC is required to follow up on “tracking only” cases during a 90-day period to ensure the Department has an opportunity to request an equitable share should the allied agency/NTF’s investigation lead to the
seizure of assets or a federal adoption occurs and assets are seized by the federal agency.

Answer 17

Just a study question - no answer needed, read below

When Area cases are assigned a departmental asset forfeiture case number for tracking purposes and no assets are identified after 90 days, a closing memorandum shall be forwarded to the FSS AFC through the Division AFC within ten days after the end of the 90-day period. However, the case file will remain at the Area office in the event assets are later identified.

Question 18

HPM 81.5 2-16 Has examples of when an asset forfeiture number shall be requested

Answer 18

Go Read it if you want

Question 19

When assets subject to seizure under state or federal
asset forfeiture laws have been identified by departmental personnel, a departmental uniformed supervisor (should/shall) be immediately notified and (should/shall) respond to the scene, preferably before assets are seized or removed.

Answer 19

Shall/Shall

It is the responsibility of the supervisor to use sound judgment in authorizing asset seizures and to ensure compliance with asset forfeiture statutes and departmental policy (e.g., currency count procedures, property/evidence photographed where located, receipts for property/evidence turned over to an allied agency/NTF).

Question 20

How many CHP 36 forms should be issued to suspects from whom assets were seized?

a. 1
b. 2
c. As many as there are items
d. Depends on items and suspects

Answer 20

Only one CHP 36 should be issued to suspects from whom assets were seized and an item of property shall not be listed on more than one receipt. Suspects are to be provided with the yellow copy of the CHP 36.

Question 21

Which form do all individual sign that claim no interest to the seized assets?

a. CHP 310
b. STD 715
c. CHP 304
d. CHP 611

Answer 21

c. CHP 304

All individuals who claim no interest or ownership in the seized asset shall be requested to sign a CHP 304, Disclaimer of Ownership of Assets and Waiver of Right to Notice of Seizure; however, these individuals are not required to sign this form.

Question 22

Which form goes with asset forfeiture seizure reports?

a. CHP 300B
b. STD 715
c. CHP 304
d. CHP 611

Answer 22

a. CHP 300B

The Area AFC shall fill out and attach the CHP 300B to every asset forfeiture case file forwarded to their Division. A copy of the completed form shall be retained and included in the Area’s asset forfeiture case file.

The CHP 300D shall be attached to every asset forfeiture case and shall be reviewed and signed by the supervisor (AFC), and signed by the seizing officer’s commander (or acting commander in his/her absence). This improves the ability of the commander to monitor the status of ongoing asset forfeiture cases.

Question 23

As a rule, the Department generally does not seize
aircraft and vessels; therefore, a minimum equity value has not been established for these types of assets. Seizures of these conveyances shall be coordinated by FSS on a case-by-case basis. But vehicles having a minimum equity value of less than _____ should not be seized by the Department.

a. $1000
b. $5000
c. $10000
d. $25000

Answer 23

b. $5000

Question 24

Who determines equity value and how?

Answer 24

The Area AFC will determine equity value by taking the fair market value of the conveyance and subtracting the amount of any unpaid liens held by the legal owner(s) (e.g., bank, credit union). The fair market value will be determined by the Division AFC.

Within 48 hours of the seizure, the Area AFC shall notify the Division AFC, who will notify Fleet Operations Section (FOS) of the Area’s intent to seize the conveyance. Within five days of being notified, FOS will cause the vehicle to be appraised and will make a recommendation to the Division AFC as to the feasibility of seizing the vehicle. The Division AFC shall notify the FSS AFC of FOS’s recommendation. An Area shall not file for the forfeiture of a vehicle until FOS has made its recommendation and FSS has concurred.

Question 25

What is the minimum number of photographs that shall be taken of the seized vehicle?

a. 4
b. 8
c. 12
d. 16

Answer 25

b. 8

The Area shall take at least eight color photographs of the vehicle (four of the exterior and four of the interior). The photographs should include all four sides and should be a fair and impartial representation of the condition of the vehicle. The photographs shall be forwarded through the Division AFC to the FSS AFC with the arrest report.

Question 26

The officer who finds currency and believes it qualifies for seizure (should/shall) immediately contact a supervisor who (should/shall) respond to the scene before the currency is removed or seized. The supervisor (should/shall) be present throughout the entire seizure.

Answer 26

Shall/shall/shall

The currency should be photographed in place prior to seizure and shall be processed for evidentiary value (e.g., it may be necessary to maintain the actual currency as evidence where a drug-detection canine has indicated that currency has been exposed to a controlled substance and/or retain packaging materials and wrappers).

Question 27

Seizures of over $25,000

Answer 27

two uniformed personnel will process the currency using the following procedures:
1 The currency shall be packaged in a container (e.g., a manila envelope, evidence bag).
2 Currency found in different locations shall be packaged
separately with the locations noted on the individual containers.
3 The currency should be photographed again as it is packaged and the total number of sealed containers shall be photographed.
4 Once the currency is packaged, the container(s) shall be sealed with departmental evidence tape.
5 The container(s) shall be individually numbered. The seizing officer and one other officer, preferably the on-scene supervisor, shall initial and date the seal in such a way that part of the writing is on the seal and part of the writing is on the container.
6 A receipt (e.g., a CHP 36) shall be given to the person(s) from whom the currency was taken or the person in possession of the premises/vehicle where the seizure occurred. The receipt should indicate that a large unknown amount of currency was seized and will be counted at a later time. The total number of containers shall be noted on the receipt.
7 Individuals who claim no interest or ownership in the seized asset should be requested to sign a CHP 304; however, these individuals are not required to sign this form.
8 If a money counting institution is not immediately available, the currency should be retained by the Department and stored in accordance with HPM 70.1, until it can be counted by a money counting institution.

Question 28

Cash assets in the Department’s possession, having no criminal evidentiary value, shall be deposited (within ___
work days) into the interest bearing account maintained by the Department’s FMS pending adjudication of the criminal case and/or administrative forfeiture procedures.

a. 2
b. 3
c. 5
d. 10

Answer 28

c. 5