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Home My WebLink AboutFORFEITURE 11.2A TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: FORFEITURE OF CONTRABAND GENERAL ORDER: 11.2A EFFECTIVE: October 1, 2005 RESCINDS: 11.2 ACCREDITATION STANDARDS: CFA 38.01, 38.02 38.03 PAGES: 4 CONTENTS: This order consists of the following numbered sections: I. SEIZURE AUTHORITY II. SEIZURE PROCEDURES III. STORAGE AND MAINTENANCE IV. RELEASE OF SEIZED PROPERTY V. ACCOUNTING PROCEDURES VI. GLOSSARY PURPOSE: To standardize policies and procedures regarding the seizure, maintenance, and forfeiture of assets pursuant to the provisions of the Florida Contraband Forfeiture Act (F.S. 932.701-707) and the Federal Asset Sharing Program. SCOPE: This order applies to all Police Department members. DISCUSSION: The Florida Contraband Forfeiture Act (FCFA) authorizes law enforcement agencies to seize and forfeit any aircraft, currency, vehicle, vessel, or other real or personal property, or a contraband article used, was attempted, or was intended to be used as an instrumentality in the commission of, or aiding or abetting in the commission of any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of the felony, or which was used, attempted to be used, or intended to be used in violation of Chapter 893, Florida Statutes, in violation of the gambling laws or beverage and tobacco laws of the state. FCFA also provides procedural safeguards for claimants, including the holder of a perfected lien POLICY: Police Department members will utilize the provisions of the Florida Contraband Forfeiture Act to deter crime. \[CFA 38.01\] PROCEDURE: I. SEIZURE AUTHORITY: A. Sworn law enforcement officers may seize aircraft, currency, vehicles, vessels, or any other real or personal property or contraband, pursuant to the FCFA when it is determined there is probable cause to believe: G.O. 11.2A 1. The item subject to seizure has been used, is being used, was intended to be used, or was acquired with proceeds in violation of any provision of the FCFA; or 2. Any violation of the FCFA has taken place or is taking place in, upon, or by means of the seized property; or 3. The item subject to seizure is a "contraband article," as defined in F.S. 932.701(2)(a) or other provisions of Florida Statutes specifically authorizing forfeiture in accordance with FCFA. B. Personal property may be seized at the time of an FCFA violation. C. A supervisor must approve a seizure of currency. The Chief must be notified as soon as possible. D. Real property will not be seized without prior approval of the Chief. E. Contraband on private premises should be seized at the time of the FCFA violation. F. Contraband on private premises, which is not seized at the time of the FCFA violation, should only be seized later after obtaining a court order. II. SEIZURE PROCEDURES: Upon determining that property should be seized, the seizing officer must adhere to the following: \[CFA 38.02\] A. A diligent inquiry will be made to determine ownership of the seized property including, but not limited to, the identification of the registered owner, title holder, or holder of a perfected lien. B. A complete inventory of seized property and all containers, open or closed, found therein will be completed at the time of seizure. As soon as practicable after seizure, the officer will make a good faith attempt to release, to the lawful owner, all personal property seized that is not being retained as evidence or for forfeiture. If the owner is unknown, or has been arrested, or is otherwise unavailable to take possession of the property, the property will be placed in the property evidence room to be released to the owner later, or handled pursuant to the provisions of F.S. 705.104 and 705.105. C. If the property seized is an aircraft, vehicle, or vessel, an Impounded Vehicle Inventory Receipt must be completed. At the time of seizure, the procedures outlined in General Order 14.5 indexed as Vehicle Impound and Towing must be followed. D. If the property is currency, jewelry or other personal property, the items will be packaged and stored separately in accordance with established procedures. A Property Evidence Receipt must be completed. E. A Notice of Seizure will be completed and served on the arrested person or any other person present who is making claim to the property. III. STORAGE AND MAINTENANCE: Upon seizure, all rights, interest in, and titles to seized assets immediately vest in the Tequesta Police Department. However, the Department is responsible for maintaining the items in “time of seizure” condition until the rights, interests in, and titles to the seized property are perfected pursuant to the provisions of the FCFA. This maintenance does not mean prevention of oxidation of exterior or normal deterioration of interior caused by weather conditions. The items may not be used for any purpose, except the use or operation necessary for reasonable maintenance. IV.RELEASE OF SEIZED PROPERTY: A.Claimant Prevails: If the claimant prevails at the conclusion of the judicial process, the Department will arrange for the immediate release of the property to the lawful owner. The agency will not assess any towing charges, storage fees, maintenance, administrative, or other costs against the claimant. 2 G.O. 11.2A B. Tequesta Police Department Prevails: If the agency prevails at the conclusion of the judicial process, the agency will obtain a certified copy of the forfeiture order. 1. If the property is money, jewelry, or other property, the Director of Forfeiture will cause the property to be disposed of as follows: a. Money : Once the criminal case has been resolved, and the money is not needed for prosecution, Administration will send a copy of the forfeiture order to the Finance Department with a request that the money be deposited in the Law Enforcement Trust Fund, or distributed in accordance with any asset sharing agreement. b. Jewelry and Other Property : Once the criminal case has been resolved the Property Evidence supervisor will dispose of the forfeited property in accordance with agency procedures, and ensure that a copy of the forfeiture order and a letter of release accompany the property to be disposed. V. ACCOUNTING PROCEDURES: A. Tequesta Police Department will implement standard accounting procedures and internal controls to track equitable shared monies and tangible property to include the establishment of separate Federal Asset Sharing accounts for proceeds from the Department of Justice and Department of Treasury equitable sharing programs. These accounts will receive any interest income generated by the funds. The accounts will be solely for the use of federal sharing proceeds. No other funds will be included in these accounts. B. Use of equitable shared property and proceeds will be in accordance with guidelines that are applicable either Justice or Treasury as outlined in their individual guide. The Chief, or designee, must authorize all expenditures from the Federal Asset Sharing accounts. C. Funds maintained in the Federal Asset Sharing accounts will be subject to normal purchasing and procedures, and financial audit of all deposits and expenditures. D. The Finance Department will maintain a record of all expenditures. VI. GLOSSARY: CONTRABAND PROPERTY - Any real property, interest in real property, aircraft, currency, motor vehicle, personal property, vessel, or other article that has been actually employed as an instrumentality in the commission of, or in aiding, or abetting the commission of a felony. EX PARTE PRELIMINARY HEARING (Non Adversary) - A hearing to receive authorization to seize property at a later time. If property, which may be seized under the contraband guidelines, is not taken at the time of arrest, and is not in public access, the law enforcement agency must request an Ex Parte hearing. The agency may take possession of such property only upon an order of the judge presiding at the Ex Parte hearing. FCFA - Florida Contraband Forfeiture Act, Sections 932.701 through 932.705. 3 G.O. 11.2A NOTICE OF SEIZURE - Advises interested parties that a forfeiture action is pending against the property, and that those interested parties have the right to a court hearing, during which the Tequesta Police Department must prove its case. PERFECTED LIEN - A lien is registered with the entity granting title, i.e., a motor vehicle lien filed with the Department of Highway Safety and Motor Vehicles. PROPERTY - For purposes of this procedure, property will mean aircraft, currency, real property, interest in real property, vehicles, vessels, or other personal property, or contraband articles, unless otherwise indicated. REAL PROPERTY - Land owned as property, including any buildings or improvements made upon it. ACCOUNTING- To maintain all funds brought into the department. INDEXING: BOAT SEIZURE CONTRABAND SEIZURE FORFEITURE PROCEDURES SEIZURE OF PROPERTY VEHICLE AND VESSEL SEIZURE DRAFTED: JPF/July 14, 2005/Filed: Frfeit11.2 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 4