GM 509 Flashcards
START
For the purposes of the legal asset seizure procedure, property is classified as?
1) Real property
2) tangible or intangible personal property including anything severed from land
3) . A document including money that represent or embodies anything of value
Criteria for legal asset seizure: Seizure of any property subject to forfeiture may be made without a warrant if
1)
2)
3)
1) The person in charge of the property consent
2) The seizure is incident to a search to which a person in charge of the property consents
3) The seizure is incident to a lawful arrest or search
Officers request ——-assistance in all cases of legal assets seizure
Supervisory
After evaluation of a case involving property other than vehicles, the legal asset seizure detail transfers the property seized to ——-
Designated storage facility
Who maintains possession of all seized money and other personal property while subject to the court’s jurisdiction?
Legal asset seizure detail supervisor
Seized personal property, including money, is placed in the ——-as evidence with a hold for the legal asset seizure detail
Property room
Who determines whether property awarded under the legal asset seizure is sold at public auction?
Chief of police
legal asset seizure: disposition of forfeited property.
In the case of property disposed of at public auction, the property is sold in a manner consistent with existing administrative policies of the finance department and the——— department of the city of San Antonio
Purchasing and general services department
The Legal asset seizure detail prepares enabling documentation to allow —————to obtain titles to vehicles distributed under the legal asset seizure procedure.
City of San Antonio
Who is authorized to enforce the provisions of the legal asset seizure laws?
Any peace officer
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
C. Chapter 59 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 (____), 43.25, or 43.26 or
Chapter 29 (R____), 30 (B____), 31 (T____), 32 (F___), 33 (C____),
33A (T_____), or 35 (I_____), of the Texas Penal Code; or
c. Any felony under The Securities Act (Article 581-1 et seq., Vernon’s Texas Civil Statutes).
a) first or second
b) 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
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
C. Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things:
2. Used or intended to be used in the commission of:
e. A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code (L_____), if the
defendant has been previously convicted _____ of an offense under that subchapter; or
f. Any felony under Chapter 152, Finance Code.
e) Littering
twice
f) Finance Code
.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.
Communication unit
.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 _____, for long-term impoundment pending litigation and coordinates with ______personnel for the transfer of the vehicle from
their control area to a separate designated area for this purpose
#110 - VH, Vehicle Detainer For Physical Evidence Vehicle Storage Unit
.05 ACT OF LEGAL ASSET SEIZURE
F. Officers attempt to determine ______at the time of seizure and include this information in reports submitted.
ownership of property