HPM 81.5 Drug Programs Manual

Question 1

Within how many days must law enforcement notify the DA of their intent to initiate asset forfeiture procedures?

Answer 1

15

Question 2

When assets subject to seizure under asset forfeiture laws have been identified, a departmental uniformed supervisor _______ be notified and _______respond to the scene.

Answer 2

Shall, shall

Question 3

When there is a change of command, it is not necessary to renew asset forfeiture MOUs unless the incoming commander wishes to make changes. T/F

Answer 3

True

Question 4

If agencies cannot agree on the share of seized assets, the _____________shall be the decisive arbitrator for state forfeitures.

Answer 4

District Attorney

Question 5

Law enforcement agencies shall notify the Franchise Tax Board (FTB) when there is reason to believe the property seized has a value in excess of __________.

Answer 5

$5,000

Question 6

Who should develop appropriate MOUs with allied law enforcement within their geographical jurisdictions for cases involving asset seizures and drug arrests initiated by CHP personnel not assigned to a NTF.

Answer 6

Area Commanders

Question 7

Whenever a CHP Area receives notification from the DHS/ICE of suspected drug smuggling, departmental response shall be a decision of who?

Answer 7

On-duty supervisor

Question 8

When the Department is asked to conduct a whisper stop, the on-duty supervisor shall be made aware of the nature of the request, and shall provide appropriate direction. Additionally, what else shall be obtained?

Answer 8

• Requesting Agency.
• Contact Supervisor tele. #
• Officer Safety Concerns
• Type of action is desired by the requesting agency

Question 9

An MIS Mask Menu Screen #50 (Notification of Drug/Asset Seizure) shall be completed within how many hours when drugs or currency are seized or false compartments are located?

Answer 9

48 hours

Question 10

Complaints generated by task force activities should be investigated by the task force supervisor. However, the CHP commander shall be notified of all complaints against a CHP officer and ensure an investigation is completed. T/F

Answer 10

True

Question 11

Probable Cause is?

Answer 11

Probable cause (to search) exists when there is enough facts, training, knowledge, etc., (totality of the information) to provide a fair probability the object you seek will be found in the location you want to search; it is enough information to lead an ordinary person, with your same training and experience, to arrive at the same conclusion.

Question 12

Reasonable Suspicion is?

Answer 12

Reasonable suspicion is the belief that (1) something related to a crime has just happened, is happening, or is about to happen, and (2) the vehicle or the person in the vehicle you have stopped, detained, or contacted (or the pedestrian you have detained or contacted) is connected with that activity

Question 13

Asset forfeitures are authorized under which code?

Answer 13

Health and Safety Code (11469-11493 HSC)

Question 14

Required asset forfeiture documentation?

Along with sup. approval

Answer 14

• CHP 202/216, DUI/Arrest report
• CHP 180 (if applicable)
• CHP 36 Evidence/Property receipt

Question 15

Legal requirements of the State AFP include?

Answer 15

• Itemized receipt to the person who was in possession of any property at the time it was seized.
• A notice of seizure and intended forfeiture, as well as a claim form, must be served on all persons present at a seizure. Possible owners have 30 days to file a claim of interest for the seized assets

Question 16

Who is responsible for the area AFC’s duties?

Answer 16

Although duties may be delegated, area AFC SHALL be a uniformed supervisor who is ultimately responsible for accomplishing all duties.

Question 17

Area AFC responsibilities include?

Answer 17

(1) Contact local DA to establish procedures for seizures, including acceptable minimum currency amounts
(2) Contact the Division AFC no later than five business days following a possible/asset seizure and request an asset forfeiture case number.
(3) Ensure a MIS Mask Menu Screen #50 is prepared for all contacts which result in an asset forfeiture case.
(4) Send request letters for equitable shares to DA and involved agencies within 30 days.
(5) Establish a case file for each asset forfeiture arrest/incident. Forward all reports and related documents to FSS through the Division AFC within 20 days
(6) Ensure all asset forfeiture cases are entered on a CHP 309 and routed to the Area commander on the first of each month

Question 18

Who should respond to an asset forfeiture scene?

Answer 18

A departmental uniformed supervisor shall be immediately notified and shall respond to the scene, preferably before assets are seized or removed.