Property Seizure and Forfeiture

9 Questions

What is the purpose of the policy outlined in the text?

To seize, forfeit, and liquidate property associated with specific offenses

What is the role of the forfeiture reviewer?

To review all forfeiture cases and act as a liaison between the department and the assigned attorney

What is contraband according to the policy?

Property and contraband that is directly or indirectly dangerous to health or safety

What must all members of the department comply with regarding forfeiture?

State and federal laws

What is the preferred method of seizure according to the policy?

Obtaining a court order for seizure prior to making a seizure

What is property subject to seizure according to the policy?

Property and contraband that is directly or indirectly dangerous to health or safety, evidence of an offense, has been used or was intended to be used to commit an offense, or constitutes the proceeds of an offense

What is the responsibility of the fiscal agent?

To secure and maintain seized assets and distribute any proceeds realized from any forfeiture proceedings

What is property not subject to seizure according to the policy?

Property used to facilitate specific crimes related to pornography or material harmful to children

What is the stance of the Sandy Police Department regarding forfeiture laws?

They recognize the potential benefits of forfeiture laws but ensure that they do not compromise the effective investigation of criminal offenses, officer safety, or anyone's due process rights

Study Notes

This policy outlines the procedure for seizing, forfeiting, and liquidating property associated with specific designated offenses.
Definitions related to this policy include contraband, fiscal agent, forfeiture, forfeiture reviewer, and property subject to forfeiture.
The Sandy Police Department recognizes the potential benefits of forfeiture laws but ensures that they do not compromise the effective investigation of criminal offenses, officer safety, or anyone's due process rights.
All members of the department must comply with state and federal laws pertaining to forfeiture.
Property and contraband subject to seizure include property subject to forfeiture identified in a court order, property and contraband subject to forfeiture seized upon the authority of a search or administrative warrant, and property and contraband that is directly or indirectly dangerous to health or safety, evidence of an offense, has been used or was intended to be used to commit an offense, or constitutes the proceeds of an offense.
Whenever possible, obtaining a court order for seizure prior to making a seizure is preferred.
Large amounts of money alone are insufficient to establish probable cause for seizure.
Property not subject to seizure includes cash and property that does not meet forfeiture guidelines, a motor vehicle used in certain violations, and property used to facilitate specific crimes related to pornography or material harmful to children if the seizure would constitute a prior restraint or interference with a person's rights under the First Amendment.
The forfeiture reviewer is responsible for reviewing all forfeiture cases and acting as the liaison between the department and the assigned attorney.
The fiscal agent is responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.