52 Questions
What is the policy of the Boca Raton Police Services Department regarding property seizures?
Seizures must comply with the FCFA and be supported by a thorough investigation
What is an Adversarial Preliminary Hearing?
A hearing to establish probable cause for property forfeiture
Who can be considered as a 'Claimant' under the Florida Contraband Forfeiture Act?
Any party with proprietary interest in the seized property
What does the FCFA refer to?
Florida Contraband Forfeiture Act
What is required for the seizing agency in an Adversarial Preliminary Hearing?
To demonstrate probable cause that the seized property was used in violation of the FCFA
What is required before making probable cause seizures of real property?
Obtaining a seizure warrant and/or Order Finding Probable Cause
When must the contents of the dwelling/structure be inventoried after seizing real property?
At the time of seizure
Under what circumstances will the Department not assess any charges against the claimant for seized property?
If the claimant prevails in court
When may Federal asset forfeiture funds be requested by the Department?
As a general rule, following the criminal case
What is required for disposition of forfeited funds as per the FCFA?
Depositing cash in the Department's State Law Enforcement Trust Fund
What type of training should Department personnel involved in property seizures receive?
Basic training and continuing education in seizure procedures and policy
Under what circumstances will seized property be promptly released to its lawful owner?
If there is no evidentiary value to a pending criminal case
When should Department share in forfeited assets of Department of Justice-led investigations be requested?
By electronically submitting a DAG-71 to the federal seizing agency through the Department of Justice
How are federal asset forfeiture funds requested if the Department assisted in a law enforcement effort resulting in federal forfeiture?
By completing a TD F form and submitting to the federal seizing agency processing the forfeiture
What happens to cash received as a result of Department participation in the Federal Equitable Sharing Program?
It will be deposited in the Department's Federal Law Enforcement Trust Fund
What must be done upon being awarded seized property per a Final Order of Forfeiture or settlement order?
The property must be disposed of according to FCFA requirements
What action will the city attorney take if there is sufficient probable cause to initiate a forfeiture action?
Apply to the court for an ex parte probable cause determination
What should happen if a court determines that probable cause does not exist for the seizure?
The property shall be returned within 5 days from the date of the order finding no probable cause
Who has the sole responsibility and authority to determine if a forfeiture action should be filed?
Chief of police or his/her designee
What is prohibited with regard to the seized property until the rights to, interest in, and title to the seized property are perfected?
Using the property for any purpose until rights are perfected
Who must personally approve any settlement after property is seized pursuant to the FCFA?
Chief of police
When must the seizing LEO(s) ensure that the seized property is promptly released to its lawful registered owner?
If there is no evidentiary value to a pending criminal case or any settlement agreement
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?
It should be placed in a secure location within the evidence custodian’s control to be released to the owner later
Who is responsible for ensuring that necessary maintenance is provided within a reasonable time after seizure of special maintenance required property?
SOS commander
What should be done with currency, securities, records, research, negotiable instruments, or books seized as evidence?
They should be packaged and stored separately and handled in accordance with established procedures for processing of evidence
What should be done with weapons seized as evidence?
Packaged and stored separately and handled in accordance with established procedures for processing of evidence
Who is responsible for photographing and inventorying vessels if seized?
Seizing LEO(s)
What must be conducted if deemed necessary after seizing an aircraft?
Appraisal
What is the abbreviation commonly used to refer to the 'Florida Contraband Forfeiture Act'?
FCFA
Who is entitled to notice under the Florida Contraband Forfeiture Act?
Owner, claimant, entity, lien holder, or person in possession of the property subject to forfeiture
Under what circumstances may a contraband article or property be seized without a warrant?
All of the above
What must happen before property can be seized for forfeiture without a warrant?
Both a and b
What must be included in the seizure packet following a seizure pursuant to the Florida Contraband Forfeiture Act?
Completed FCFA information form, Notice of Forfeiture form, PC Affidavit, and Field Report
Who determines whether to proceed with a forfeiture action following a seizure?
SOS commander
What does the term 'monetary instrument' refer to in the context of the Florida Contraband Forfeiture Act?
$100 bills, traveler's checks, personal checks, bank drafts, prepaid cards, gold, silver, and platinum
What should happen if the person entitled to notice cannot be located after property seizure?
A certified letter shall be sent to their last known address notifying them of the seizure
What is the role of the City Attorney's Office in the forfeiture process?
To evaluate if initiation of a forfeiture action is supported by sufficient probable cause
Who must review copies of all reports describing the circumstances surrounding a property seizure?
'SOS commander'
What must happen if criminal charges are not filed against the owner and the criminal investigation ends?
The Department must return the property to the owner
What is required before making probable cause seizures of real property?
Probable cause supporting the seizure reviewed by a supervisor
Who is entitled to notice regarding the forfeiture of property?
Any entity that has a claim on the property subject to forfeiture
Under what circumstances can a contraband article be seized and forfeited without a warrant?
If the owner of the property is not identified after a diligent search
What must happen prior to seizing property for forfeiture without a warrant?
The seizing law enforcement officer must have probable cause reviewed by a supervisor
What must be included in the seizure packet completed by the seizing law enforcement officer within 24 hours of a seizure?
Completed FCFA information form and Notice of Forfeiture form
Who is responsible for promptly reviewing copies of all reports describing the circumstances surrounding a seizure?
The Strategic Operations Section (SOS) commander
What does 'monetary instrument' refer to as per the Florida Contraband Forfeiture Act?
$100 bills and above, traveler's checks, personal checks, etc.
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?
Within 5 days of the seizure
What does a law enforcement officer need to establish before proceeding with a forfeiture action?
Sufficient probable cause supporting forfeiture action
What happens if criminal charges are not filed against the owner and the active criminal investigation ends?
The Department must return the property to the owner
What does 'bona fide lien holder' mean in relation to property subject to forfeiture?
A person who holds a genuine legal claim on the property
What does 'probable cause' mean in relation to seizing and forfeiting property?
The sincere belief that an offense has been or is being committed
What is required before seizing real or personal property without a warrant under the Florida Contraband Forfeiture Act?
A diligent effort to determine ownership of the seized property
Test your knowledge about the procedures outlined in Seized Property Directive No. 74.500, including the actions to be taken by the city attorney and the court in cases of probable cause determination and property seizure.
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