Podcast
Questions and Answers
What is the policy of the Boca Raton Police Services Department regarding property seizures?
What is the policy of the Boca Raton Police Services Department regarding property seizures?
- Seizures must be reported to the Department of the Treasury
- Seizures can be made without establishing probable cause
- Seizures must comply with the FCFA and be supported by a thorough investigation (correct)
- Seizures must be authorized by the Department of Justice
What is an Adversarial Preliminary Hearing?
What is an Adversarial Preliminary Hearing?
- A hearing to distribute forfeited property
- A hearing to determine ownership of seized property
- A hearing to establish probable cause for property forfeiture (correct)
- A hearing to challenge the legality of seizure
Who can be considered as a 'Claimant' under the Florida Contraband Forfeiture Act?
Who can be considered as a 'Claimant' under the Florida Contraband Forfeiture Act?
- Any individual with knowledge of the seized property
- Any individual present at the scene of seizure
- Any law enforcement officer involved in the seizure
- Any party with proprietary interest in the seized property (correct)
What does the FCFA refer to?
What does the FCFA refer to?
What is required for the seizing agency in an Adversarial Preliminary Hearing?
What is required for the seizing agency in an Adversarial Preliminary Hearing?
What is required before making probable cause seizures of real property?
What is required before making probable cause seizures of real property?
When must the contents of the dwelling/structure be inventoried after seizing real property?
When must the contents of the dwelling/structure be inventoried after seizing real property?
Under what circumstances will the Department not assess any charges against the claimant for seized property?
Under what circumstances will the Department not assess any charges against the claimant for seized property?
When may Federal asset forfeiture funds be requested by the Department?
When may Federal asset forfeiture funds be requested by the Department?
What is required for disposition of forfeited funds as per the FCFA?
What is required for disposition of forfeited funds as per the FCFA?
What type of training should Department personnel involved in property seizures receive?
What type of training should Department personnel involved in property seizures receive?
Under what circumstances will seized property be promptly released to its lawful owner?
Under what circumstances will seized property be promptly released to its lawful owner?
When should Department share in forfeited assets of Department of Justice-led investigations be requested?
When should Department share in forfeited assets of Department of Justice-led investigations be requested?
How are federal asset forfeiture funds requested if the Department assisted in a law enforcement effort resulting in federal forfeiture?
How are federal asset forfeiture funds requested if the Department assisted in a law enforcement effort resulting in federal forfeiture?
What happens to cash received as a result of Department participation in the Federal Equitable Sharing Program?
What happens to cash received as a result of Department participation in the Federal Equitable Sharing Program?
What must be done upon being awarded seized property per a Final Order of Forfeiture or settlement order?
What must be done upon being awarded seized property per a Final Order of Forfeiture or settlement order?
What action will the city attorney take if there is sufficient probable cause to initiate a forfeiture action?
What action will the city attorney take if there is sufficient probable cause to initiate a forfeiture action?
What should happen if a court determines that probable cause does not exist for the seizure?
What should happen if a court determines that probable cause does not exist for the seizure?
Who has the sole responsibility and authority to determine if a forfeiture action should be filed?
Who has the sole responsibility and authority to determine if a forfeiture action should be filed?
What is prohibited with regard to the seized property until the rights to, interest in, and title to the seized property are perfected?
What is prohibited with regard to the seized property until the rights to, interest in, and title to the seized property are perfected?
Who must personally approve any settlement after property is seized pursuant to the FCFA?
Who must personally approve any settlement after property is seized pursuant to the FCFA?
When must the seizing LEO(s) ensure that the seized property is promptly released to its lawful registered owner?
When must the seizing LEO(s) ensure that the seized property is promptly released to its lawful registered owner?
What should happen with personal property (e.g., clothing) seized with items impounded pursuant to the FCFA and not being retained as evidence or for forfeiture?
What should happen with personal property (e.g., clothing) seized with items impounded pursuant to the FCFA and not being retained as evidence or for forfeiture?
Who is responsible for ensuring that necessary maintenance is provided within a reasonable time after seizure of special maintenance required property?
Who is responsible for ensuring that necessary maintenance is provided within a reasonable time after seizure of special maintenance required property?
What should be done with currency, securities, records, research, negotiable instruments, or books seized as evidence?
What should be done with currency, securities, records, research, negotiable instruments, or books seized as evidence?
What should be done with weapons seized as evidence?
What should be done with weapons seized as evidence?
Who is responsible for photographing and inventorying vessels if seized?
Who is responsible for photographing and inventorying vessels if seized?
What must be conducted if deemed necessary after seizing an aircraft?
What must be conducted if deemed necessary after seizing an aircraft?
What is the abbreviation commonly used to refer to the 'Florida Contraband Forfeiture Act'?
What is the abbreviation commonly used to refer to the 'Florida Contraband Forfeiture Act'?
Who is entitled to notice under the Florida Contraband Forfeiture Act?
Who is entitled to notice under the Florida Contraband Forfeiture Act?
Under what circumstances may a contraband article or property be seized without a warrant?
Under what circumstances may a contraband article or property be seized without a warrant?
What must happen before property can be seized for forfeiture without a warrant?
What must happen before property can be seized for forfeiture without a warrant?
What must be included in the seizure packet following a seizure pursuant to the Florida Contraband Forfeiture Act?
What must be included in the seizure packet following a seizure pursuant to the Florida Contraband Forfeiture Act?
Who determines whether to proceed with a forfeiture action following a seizure?
Who determines whether to proceed with a forfeiture action following a seizure?
What does the term 'monetary instrument' refer to in the context of the Florida Contraband Forfeiture Act?
What does the term 'monetary instrument' refer to in the context of the Florida Contraband Forfeiture Act?
What should happen if the person entitled to notice cannot be located after property seizure?
What should happen if the person entitled to notice cannot be located after property seizure?
What is the role of the City Attorney's Office in the forfeiture process?
What is the role of the City Attorney's Office in the forfeiture process?
Who must review copies of all reports describing the circumstances surrounding a property seizure?
Who must review copies of all reports describing the circumstances surrounding a property seizure?
What must happen if criminal charges are not filed against the owner and the criminal investigation ends?
What must happen if criminal charges are not filed against the owner and the criminal investigation ends?
What is required before making probable cause seizures of real property?
What is required before making probable cause seizures of real property?
Who is entitled to notice regarding the forfeiture of property?
Who is entitled to notice regarding the forfeiture of property?
Under what circumstances can a contraband article be seized and forfeited without a warrant?
Under what circumstances can a contraband article be seized and forfeited without a warrant?
What must happen prior to seizing property for forfeiture without a warrant?
What must happen prior to seizing property for forfeiture without a warrant?
What must be included in the seizure packet completed by the seizing law enforcement officer within 24 hours of a seizure?
What must be included in the seizure packet completed by the seizing law enforcement officer within 24 hours of a seizure?
Who is responsible for promptly reviewing copies of all reports describing the circumstances surrounding a seizure?
Who is responsible for promptly reviewing copies of all reports describing the circumstances surrounding a seizure?
What does 'monetary instrument' refer to as per the Florida Contraband Forfeiture Act?
What does 'monetary instrument' refer to as per the Florida Contraband Forfeiture Act?
When must the Notice of Forfeiture form be served on the defendant and other persons entitled to notice if it was not signed at the time of seizure?
When must the Notice of Forfeiture form be served on the defendant and other persons entitled to notice if it was not signed at the time of seizure?
What does a law enforcement officer need to establish before proceeding with a forfeiture action?
What does a law enforcement officer need to establish before proceeding with a forfeiture action?
What happens if criminal charges are not filed against the owner and the active criminal investigation ends?
What happens if criminal charges are not filed against the owner and the active criminal investigation ends?
What does 'bona fide lien holder' mean in relation to property subject to forfeiture?
What does 'bona fide lien holder' mean in relation to property subject to forfeiture?
What does 'probable cause' mean in relation to seizing and forfeiting property?
What does 'probable cause' mean in relation to seizing and forfeiting property?
What is required before seizing real or personal property without a warrant under the Florida Contraband Forfeiture Act?
What is required before seizing real or personal property without a warrant under the Florida Contraband Forfeiture Act?