Seizing Property Flashcards
What is the importance of maintaining a chain of custody of seized property?
Chain of custody provides the custodial history of the property, from the times it was seized until it is presented at court, accounting for each and every change in custody.
Who is responsible for the seized property?
The officer seizing the property must safeguard it until it can be properly transferred to another agency or properly destroyed.
What are fungible items?
Items that are easily replaced because they lack unique identifying charactaristics. ex: Contraband, fish, drugs
What primary documentation is used to establish a chain of custody of seized evidence?
Evidence tags or tag seizure forms CG-5117
What documentation is used for the transfer of evidence?
Requisition and Invoice/Shipping Document CG-1149
What is the primarry documentation to be completed when seizing evidence?
LE Case Package Checklist parts I and II.
When is it appropriate to seize property?
CG personnel may seize vessels, contraband, and other evidence during the course of an LE action.
Is contraband subject to seizure?
Contraband is always subject to seizure and destruction or other lawful disposition.
What is evidence?
Anything including testimony, documents, and tangible objects that tend to prove or disprove a fact in issue.
What is a representative sample?
An entire shipment of drugs is usually not needed for evidence in court. Instead, a representative sample of the substance will normally suffice.
What is done with additional evidence?
If a unit develops probable cause tat additional evidence is on the seized asset, the unit shall contact their servicing legal office prior to searching for this additional evidence.
What is done with seized vessels?
For substantial offenses, CG can seize vessels. For minor offenses, constructive seizure and a notice to appear may be appropriate. Inventory shall be completed.
