Asset Forfeiture Flashcards
The DA has until the __________ from a seizure to file a forfeiture.
30th day
who has the burden of proof, in forfeiture hearing?
State
Necessary conditions of arrest: 1. 2. 3. 4.
Intent, Understanding, Authority, Arrest/Constructive Arrest
whom may file for a victim younger than 18 years of age who is the victim of an offense, On an application for a protective order?
Attorney Representing the state
3 classifications of interactions between peace officers and persons.
1.
2.
3.
consensual encounters, investigatory stops/detention, arrests
Police officers shall place property under seal, remove property to place ordered by the court no later than _________ after seizure
72 hours
Asset forfeiture is a ____ process
civil
what is the level of proof required that property is subject to forfeiture
preponderance of evidence
What chapter is Asset Forfeiture found in?
Chapter 59
If an officer is searching if there is a lien holder, is that a pre-seizure action?
True or False
True
Dismissal of acquittal of related charges, raises presumption that property should not be forfeited.
True or False
True
________________- Reasonable belief that a substantial connection exists between the property to be forfeited and the criminal activity defined by statute
Probable cause