17-14 Property Seizure

Property Seizure and Forfeiture

• Federal and state forfeiture laws provide authority to initiate proceedings to legally seize property used for or derived from criminal activity.
• Probable cause is required to believe that property is subject to forfeiture, and the property may be seized by a sworn member prior to filing a petition for forfeiture and without a seizure warrant.

Terminology

• Forfeiture: a civil judgment rendered by a court that declares the right of ownership is lost due to criminal activity.
• Proceeds: anything received as payment for controlled substances or other specified criminal activity, including money, property, or services.
• Real Property: land, anything permanently affixed to it, and any estate or equitable interest in land.
• Seizure: a sworn member's act of taking property into lawful custody, which may occur incident to a lawful arrest, search, or inspection.
• Specified Criminal Activity: criminal activity resulting in the commission, attempted commission, conspiracy, or solicitation of a crime, including drug abuse, gambling, and motor vehicle theft.

Administrative Guidelines

• The Asset Forfeiture Squad will be consulted for any uncertainties regarding seizures.
• Sworn members must exercise their best judgment when faced with unique situations relating to seizure of tangible property.
• Supervisor or Asset Forfeiture Squad approval is required prior to seizure of property believed to be obtained as a result of criminal activity.
• Probable cause must exist to connect an item to specified criminal activity prior to seizure.

Procedures

• Incident reports must be completed, including the circumstances of the seizure, probable cause, and description of the property.
• Seized property will be carefully collected, packaged, and preserved, and its custody will be carefully recorded.
• Notice of Seizure Pursuant to Missouri State Forfeiture Statutes will be distributed to the owner, operator, or person in control of the property, and to the Asset Forfeiture Squad.

Federal and State Forfeiture

• Federal forfeiture laws and guidelines may be used when there is a joint investigation with a federal agency.
• Property seized by federal agencies will be transferred to the federal agency after meeting specific criteria, including a felony violation and review by the prosecuting attorney and circuit judge.
• State forfeiture requires a felony violation under Missouri law, and the seizure must be reviewed and approved by the prosecuting attorney and circuit judge.

Minimum Acceptable Values

• Federal seizures: $2,000 (cash), $5,000 (conveyances), $20,000 (real property), and $5,000 (other property)
• State seizures: $1,000 (cash), $2,500 (conveyances), and determined by the county prosecutor and Asset Forfeiture Squad (real property and other property)