GM Section 509 Flashcards
The authority for the legal seizure of assets is contained in the following:
Texas code of criminal procedure
Texas motor vehicle laws article 6687–1, section 49
Various titles of the United States code
Property is classified as
Real property
Tangible or intangible personal property
The document, including money that represents or embodies anything of value
Property is seized where
The property is real property in any improvements which is used or intended to be used to become it or facilitate the commission of an offense
The property is a vehicle, boat, or plane used to facilitate the commission of applicable offenses
The property consist of books, financial records, bank statements, payment records, instructions, and research materials used in violation of any of the applicable offenses
The property is personal property, weapons, documents, or money which the officer has determined to be the proceeds of a sale, transaction, trade, property or criminal instrument
____________ over the Texas code of criminal procedures authorizes the state to seize, based on probable cause, property that is among other things
Chapter 59
The seizure of property used in the commission of a crime
Any first degree felony
Any felony under the Texas Penal code sections of evading arrest, Robbery, burglary/criminal to trespass, theft, fraud, computer crimes, telecommunication crimes, insurance fraud, and any Penal Code that involves the state medical program
Any felony under the security‘s act
An offense under chapter 49 DWI that is punishable as a felony of the third degree or state jail felony and the defendant has been convicted three previous times
Used or intended to be used in the commission
Any felony under chapter 481, felony under chapter 483, chapter 151, any felony under chapter 34, a class C misdemeanor under subchapter B, chapter 365, a class B misdemeanor under chapter 5 to 2 business in commerce code, class a misdemeanor under section 306.051 business in commerce code, section 326.002 business in commerce code
The seizures of personal property can occur in any place that the officer
 has the right to be
The seizure of any property subject to forfeiture may be made without a warrant if
The owner operator agent in charge of the property knowingly consents
The seizure’s incident to a search to which the owner, operator, Agent is in charge of the property knowingly consent
The property subject to seizure has been subject of a prior judgment in favor of the state in a forfeiture proceeding
The seizure is incident to a lawful arrest, lavel search, or an awful search incident to arrest
After evaluation of a case involving a vehicle, the legal asset seizure detail
Repairs SAPD form 110 Dash VH
Releases the hold on the vehicle SAPD form number 113 – VRA
After evaluating a case involving property other than
Transfers the property seeds to designated storage facility assigned to the detail
Weapons are stored in the property room with a hold place for the follow up unit
Remove the hold for seizure from property
The chief of police determines whether a property awarded under this procedure is:
Sold at public auction
Converted for used by the department for law enforcement purpose
Is destroyed