26 Questions
When is an application for continued detention of property beyond one year to be made?
Before a Superior Court Justice
What is essential to lawfully dispose of seized property at the completion of a case?
Forfeiture Orders placed inside the crown envelope during the initial investigation
When should the Report to a Justice Hearing be made for property seized as a result of executing a search warrant?
Before a Justice in the same court location where the search warrant was issued
Under what circumstances may officers use a common informant to file Form 5.2 when property has been seized without a warrant?
When charges are pending or have been laid
What must be completed and filed when property is seized without a warrant?
Form 5.2 without warrant
What should not be taken to court when property is seized?
Drugs and dangerous materials
Who is responsible for ensuring compliance with various procedures and filing all necessary paperwork?
The Case Manager
When is a Form 5.3 required to be completed and filed?
Before a Judge when property has been seized as a result of a multi-jurisdictional and/or joint forces operation
What must be included in the crown envelope when a Forfeiture Order is required?
Original and one copy (both left blank)
What must be attached to the original Information when property is seized with a warrant?
Form 5.2
What should be done if a Justice refuses to sign a Form 5.2 or recognize common informant status?
The reasons must be recorded, and the seizing officer must attend a Report to a Justice Hearing to file the Form 5.2.
What should happen if it is not feasible to transport seized property to the courthouse?
It must be photographed or videotaped.
Who are made aware of their obligation to request forfeiture of property seized prior to sentencing?
Crown Prosecutors
What must be included in an envelope when attending a Report to a Justice Hearing?
Crown envelope with necessary documents
Who signs and dates the Form 5.2 before it is filed at court?
A justice and member
What form should be used to apply for an Order for Continued Detention of seized property?
TPS 141
Who should be served with the TPS 141 when applying for an Order for Continued Detention of seized property?
The person from whom the property was seized
Which document should be provided to the court when applying for an Order for Continued Detention of seized property?
Copy of the original search warrant and appendices
Who should ensure all required paperwork is complete, accurate, signed, and available for disclosure?
Officer in Charge or Designate
If continuing detention beyond 12 months, who should be consulted?
Office of the Crown Attorney
Who ensures a TPS drop box is available for signed Forfeiture Orders in each court location?
Crown Liaison
What is required to update the Property Disposition Inquiry application on TPS Network after conclusion of sentencing if property forfeiture is not granted?
TPS 141
Who needs to sign the TPS 143 when attending court?
Justice
What should be emailed to PVEMU and the case manager using the Form 5.2 E-mail Template?
All the information
Who needs to provide information on the Order for Continued Detention of property seized to PVEMU if detention exceeds a year?
Office of the Crown Attorney
Who is responsible for forwarding all received Forfeiture Orders to the Unit Commander at PVEMU?
Crown Liaison
Study Notes
- Upon conclusion of sentencing, if property forfeiture is not granted, update the Property Disposition Inquiry application on TPS Network with the property disposition.
- To apply for an Order for Continued Detention of seized property, give notice to the court with a TPS 141, update the Hearing date, and serve the form on the person from whom property was seized, the property owner, or the young person's parent, guardian, or other adult.
- Provide the following documents to the court: a copy of the original search warrant and appendices, TPS 143, synopsis from eReports, the connection between seized property and charges, and the reason for property detention.
- Attend the court with a copy of the TPS 141, original search warrant crown envelope, and TPS 143, and sign the TPS 143 by the Justice.
- Email all the information to PVEMU and the case manager using the Form 5.2 E-mail Template.
- If continuing detention beyond 12 months, consult with the Office of the Crown Attorney and provide information on the Order for Continued Detention of property seized to PVEMU.
- The Officer in Charge or Designate ensures all required paperwork is complete, accurate, signed, and available for disclosure.
- A Crown Liaison in each court location ensures a TPS drop box is available for signed Forfeiture Orders and forwards all received Forfeiture Orders to the Unit Commander at PVEMU.
- Definitions for the procedure: Abandoned Property, Affiant, Case Manager, Common Informant, Continued Detention, Exhibits Officer, Forfeiture, Forfeiture Order, Found Property, Informational Material, Justice, Peace Officer (Report to Justice), and various legal terms.
Test your knowledge on the legal process of detaining and disposing of seized property. Learn about the application for continued detention, involvement of the Office of the Crown Attorney, and the importance of Forfeiture Orders in lawfully disposing of seized property.
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