Loading...
HomeMy WebLinkAboutSection 3 Chapter 4-Procession of Property Seized for Administrative Forfeiture PLPD RIOR AKE OLICE EPARTMENT PPM OLICY AND ROCEDURE ANUAL P ROCESSION OF PROPERTY SEIZED FOR AF DMINISTRATIVE ORFEITURE :J15,2011 RD:UR DATE ISSUED UNE ETENTION ATE NTIL ESCINDED S3C4 ECTION HAPTER P URPOSE It shall be the policy of the Prior Lake Police Department that all employees of the agency, all employees assigned to another law enforcement agency’s task force and all employees assigned from an outside law enforcement agency to a task force in which this agency serves as the fiscal agent, shall follow all state and federal laws pertaining to the processing of property seized for forfeiture. Training will be provided by the employing law enforcement agency, in consultation with the prosecuting authority, to officers who may exercise the use of administrative forfeiture in the performance of their assigned duties. Such training will be conducted whenever the agency policy is changed or modified based upon administrative directives, legislative statute changes and/or relative court decisions. Training may include, but is not limited to, agency policy and directives and may be either electronic or traditional classroom instruction. D EFINITIONS C: Money in the form of bills or coins, traveler’s checks, money orders, checks or ASH other forms of electronic money or stored value cards, including but not limited to gift cards, debit cards, gift cards/certificates or other negotiable financial instruments. CD: device used for transportation and includes, but is not limited ONVEYANCE EVICE A to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term “conveyance devices” does not include property which is in fact, itself stolen or taken in violation of the law. F//: device that projects either single or IREARMAMMUNITIONFIRRARM ACCESSORIES A multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and it’s propellant. Accessories include but are not limited to holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc. F: The process by which legal ownership of an asset is transferred to a ORFEITURE government or other authority. J/PM/PS: the term “precious metals/precious EWELRYRECIOUS ETALSRECIOUS TONES stones” includes items of jewelry, such as rings, necklaces, and watches, that reasonably appear to be made of precious metals or precious stones. Precious metals include but are not limited to gold, silver, platinum, iridium, and palladium. Precious stones, often referred to as gemstones, include but are not limited to diamonds, emeralds, and rubies. F/SPR: An agency employee responsible for ORFEITUREEIZED ROPERTY EVIEWER reviewing all forfeiture cases and is the liaison between the agency and the prosecutor’s office. S: The act of law enforcement officials taking property, including cash, vehicles, EIZURE etc. that has been used in connection with or acquired by illegal activities. SPSAF EIZED ROPERTY UBJECT TO DMINISTRATIVE ORFEITURE The following property may be seized and is presumed under MN Stat 609.5314 to be subject to administrative forfeiture if the item has a retails value of $50,000.00 or less: All money, precious metals, and precious stones found in proximity to: Controlled substances; Forfeitable drug manufacturing or distributing equipment or devices; or Forfeitable records of manufacture or distribution of controlled substances. All conveyance devices containing controlled substances with a retail value of $75.00 or more if possession or sale of the controlled substance would be a felony under chapter 152. All firearms, ammunition, and firearm accessories found: In a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance; On or in proximity to a person from whom a felony amount of controlled substance is seized; or On the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under chapter 152. Seizure of property not listed above must be processed in coordination with and approved by the unit supervisor. PSPFP ROCESSING EIZED ROPERTY FOR ORFEITURE ROCEEDINGS When any property as described in the above section is seized, the officer making the seizure must prepare the following: The proper Notice of Seizure and Intent to Forfeit Property Form. This form must be completed to include the following: a list describing each item seized, the name of the individual served with the Notice, location, and the date of seizure. Administrative forfeiture notices are NOT to be given for assets seized under MN STAT 609.5314 if the retail value of the asset exceeds $50,000.00. A receipt for the item(s) seized. The Notice form also contains information in English, Hmong, Somali and Spanish concerning the right to obtain judicial review and the procedure under MN STAT 609.5314 to follow to obtain it. The form must be dated and signed by the peace officer conducting the seizure. An agency case number must be included on the form. The individual from whom property is seized must be given an opportunity to sign the seizure notice form. If the person refuses, the peace officer conducting the seizure must check the appropriate box indicating the refusal to sign. If property is seized from multiple individuals, a separate seizure form will be completed for each individual. A copy of the seizure form must be given to the individual served. All property subject to and being processed for forfeiture through the agency must be held in the custody of the agency. The officer conducting the seizure shall forward the original and pink copy of the seizure notices, seized property processing worksheets, property receipts and reports to the Forfeiture/Seized Property Reviewer within 10 days of the seizure. The officer conducting the seizure shall inform the Forfeiture/Seizure Property Reviewer of the estimated retail value of drugs found in proximity to the asset seized. C ASH Officers shall not seize cash having an aggregate value less than twenty dollars, unless pre-recorded buy funds are included in the cash seized. Cash shall be recounted and the amount verified by another employee of the Prior Lake Police Department. The property envelope containing the cash and/or the property inventory form shall be co-signed. Officers seizing cash shall prepare a property inventory form. If cash is seized from multiple individuals, a property inventory form will be completed for each individual. The property inventory form shall also contain a detailed description of all checks, money orders and/or travelers checks or other financial instruments. All forfeitable cash seized will be turned over to the Forfeiture/Seized Property Reviewer or property and evidence room as soon as practical. Prior to inventorying, officers shall examine all cash seized to determine whether it contains any buy funds. Officers shall document the recovery of all buy funds and inventory those funds to be returned to the appropriate unit’s buy fund account. The officer conducting the seizure shall provide a copy of the completed property inventory form to the Forfeiture/Seized Property Reviewer. It is the seizing officer’s responsibility to secure the cash consistent with Prior Lake Police Department policy and procedure. J/PM/PS EWELRYRECIOUS ETALSRECIOUS TONES Officers seizing jewelry, precious metals, and/or precious stones will write a detailed description of each item on the property inventory form prior to inventorying the items. A copy of the property inventory form and any photographs of the jewelry, precious metals and/or precious stones shall be delivered to the Forfeiture/Seized Property Reviewer. All jewelry, precious metals and/or precious stones shall be delivered to the property and evidence room as soon as practical. CD ONVEYANCE EVICE Upon seizure for forfeiture, all conveyance devices shall immediately be either taken to a secured designated area or to an agency approved impound facility. Officers shall inventory the conveyance device and its contents in accordance with department policy. F/A/FA IREARMSMMUNITIONIREARM CCESSORIES When firearms, ammunition, or firearms accessories are seized, they shall be inventoried and delivered to the property and evidence room as per department policy and procedures. CFS ASE ILE TATUS The Forfeiture/Seized Property Reviewer shall forward all changes to forfeiture status to the supervisor of the unit that initiated the case. RW EPORT RITING Officers seizing property must complete an incident report and all associated forms and documentation as appropriate to each case (Property inventory forms, booking sheets, etc.). All reports must include a description of the items seized, where the property is stored, the name of the individual(s) from whom the property was taken, the date that the seizure form was served, the name of the serving officer, and whether or not the individual signed the Notice of Seizure and Intent to Forfeit Property Form. All reports dealing with seized property will be completed within 24 hours of the seizure when practically possible.