CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication

Transcription

1 CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication Order Subject D-41 ASSET FORFEITURE 200 Procedures Effective 01/08/10 A. SEIZURE OF VEHICLES 1. VEHICLES WHICH HAVE BEEN USED TO UNLAWFULLY TRANSPORT: May seize under ARS , ARS , and ARS (as amended) when a threshold amount of marijuana, dangerous drugs, or narcotic drugs are unlawfully kept, deposited, concealed, or possessed by an occupant. Officers must have probable cause to believe the vehicle was used, or was intended to be used, for this purpose and show that the amount of drugs seized exceeded the threshold amount as defined in ARS or was possessed for financial gain. 2. PROCEEDS TRACEABLE TO A RACKETEERING OFFENSE: Seize under ARS (Racketeering). Any information tending to show that the vehicle owner/driver was knowingly involved will be included in the OR. A supervisor's approval is required prior to seizing a vehicle under these circumstances. Direct any questions to the asset forfeiture detective. a. Do not seize any vehicle for amount less than listed without approval of the section commander. Mix and match drugs to get required amounts: Drug Marijuana Narcotic Drugs Dangerous Drugs Prescription-only Drugs Heroin Crack Cocaine Amount Two pounds 9 grams 9 grams $2,000 value 1 gram 750 milligrams b. The officer will interview the suspect to attempt to determine if he is the lawful owner of the vehicle and what financial institution, if any, holds a lien, along with the amount of the lien 1) Remove all personal property from the vehicle. Do not remove items physically attached to the vehicle (i.e., car phones, stereos). 2) Transport the vehicle to the department storage lot c. Seize vehicles regardless of owner information shown on Motor Vehicle Department (MVD) records, except: 1) Do not routinely seize short-term rental vehicles for forfeiture a) Contact rental agencies to pick up the vehicle at the scene of the arrest or incident b) Impounding or disposition, other than return to a rental agency, requires approval of a supervisor 2) Continue to seize long-term lease vehicles after contacting an asset forfeiture detective and with the concurrence of a supervisor 3) When rental and lease vehicles are used in such a manner that the criterion for forfeiture is met, the option to use the substitute asset forfeiture rule may apply. At the time of the initial seizure, make note of the vehicle s value.

2 01/08/10 Page 2 d. May seize the vehicle if it can be shown that the owner of the vehicle was aware that the vehicle contained narcotics. State in the narrative of the offense report any circumstances tending to show that the vehicle owner was knowingly involved. (ARS ) e. Seizing a vehicle involved in a narcotics violation arrest is not restricted to the time the arrest was made. If the arresting officer is not positive that the owner did not or should not have knowledge that the vehicle would be used for such a propose, the vehicle may be released at the time of arrest but seized later when evidence of knowledge on the part of the owner can be sustained. f. Anticipated seizures resulting from past incidents, such as sales cases not involving an immediate arrest, must be reviewed with the forfeiture detective before taking any action toward seizing the vehicle g. Inventory seized vehicles immediately and transport to a designated storage area. Return personal property found inside the vehicle during inventory to the owner when possible. Clear any delays through the CIB Narcotics supervisor. h. When possible, a uniformed officer and the CIB supervisor shall be present during any vehicle seizure where officer identification may be a problem or where any resistance to the seizure is anticipated i. Use investigative techniques whenever establishing knowledge of a vehicle's owner when a future seizure is anticipated. Document owner statements and, whenever possible, tape record them. j. Obtain a lab report before any seizure when unidentified drugs are found in a vehicle k. Instruct Records personnel to enter all seized vehicles in ACIC as abandoned/stored B. SEIZURE OF MONEY l. The Evidence and Property custodian will notify the auto theft investigator within 72 hours regarding any vehicle seized for forfeiture. The auto theft investigator will process the vehicle within 48 hours, verifying ownership and ensuring that the vehicle is not a stolen vehicle. Money may be seized for forfeiture when used, or intended for use, in violation of ARS Title 13, Chapter 23 and Chapter 34 (as amended) 1. AUTHORITY FOR MONETARY SEIZURE: ARS (A) and ARS Money may be seized and forfeited only when it can be shown that the money was used to facilitate or was the proceeds of violations of these chapters a. A minimum amount of $1500 must be seized in order to initiate forfeiture proceedings on cash

3 01/08/10 Page 3 b. The OR will include any information linking the money to the illegal drugs or RICO violations, including: 1) When and where the money was seized 2) Statements made by the suspect reference the money 3) The proximity of the money to the illegal drugs or other evidence when seized 4) A photocopy of any record-keeping documents related to the illegal drug sales or other evidence 2. SECURITY OF FUNDS a. To ensure security of this cash, at least two officers shall be present any time the cash is handled after the initial transaction with the suspect. When the amount is large and it is determined to be unreasonable to count the money at the scene, the money shall be sealed prior to transporting it to a location suited for the counting of the money at the discretion of the on-scene supervisor. In such cases, two officers shall initial off on the seal of the package. b. To maintain the chain of custody, one of these officers will be the case officer or the forfeiture detective c. To account for cash, the case officer and at least one supervisor will count this cash at the first reasonable opportunity. They shall be in agreement as to the amount of cash in the count. 3. MANAGEMENT OF FUNDS a. Deliver seized currency to the City of Chandler Accounting Department pending disposition of the criminal and/or civil court case b. At conclusion of the case: 1) Money awarded to the owner will be returned to the owner; or 2) Money awarded to the Police Department will be paid to informants, other participating agencies, RICO funds, etc., before the remaining cash is deposited in the revenue account c. A separate ledger is maintained on each account, and deposits to or transfers from or between the accounts will be accomplished by memo to the City of Chandler Accounting Department. The CIB commander is responsible to maintain the ledgers and memos. d. The accounting for the "Chandler PD-RICO Forfeitures" funds is maintained at the Maricopa County Attorney's Office and the Arizona State Attorney General s Office that will be funded by transfers from the holding account. New e. Criminal Investigations Bureau deposits adjudicated funds into appropriate accounts at county and state AG s offices Rev f. Police Planning and Research: 1) Prepares federal and state mandated reports 2) Reconciles county and state AG s offices fund balances 3) Coordinates budget appropriations and expenditures of cash and assets awarded to the department following adjudication C. SEIZURE OF REAL PROPERTY/BUSINESSES 1. SHALL BE PURSUANT TO A WARRANT based on a judicial finding of probable cause in all cases other than constructive seizures unless exigent circumstances prevent timely application to a court (Due Process, United States v. Good, 114 S. Ct. 492 (1993), by ARS 13-

4 01/08/10 Page (c), and is in addition to rights protected by the Fourth Amendment.) Thus, although considerations like potential loss of evidence or the escape of a potential defendant are relevant for Fourth Amendment purposes, the exigent circumstances relevant to Due Process analysis will be those described in ARS (c), "notice and an opportunity to appear would create a risk of harm to the public safety or welfare, including the risk of physical injury or the likelihood of property damage or financial loss." 2. BY ADDITIONAL NON-CONSTITUTIONAL POLICY, ALL CASES involving on-going business seizures shall be pursuant to a warrant unless exigent circumstances prevent it. Whenever practical, include in preseizure planning: a. An evaluation of the true profitability of the business to avoid seizure of a business that is only profitable if operated in violation of the law or with the infusion of criminal proceeds in pre-seizure planning b. An assessment of the impact of seizure on employees, creditors, customers, and others 3. IN ALL CASES, IF A JUDICIAL WARRANT IS NOT SECURED, probable cause supporting the seizure shall be promptly reviewed by the assigned attorney pursuant to ARS Where appropriate, property should be released immediately pursuant to ARS and D. SEIZURE PROCEDURES 1. SEIZE PROPERTY for forfeiture when legally entitled to do so 2. IMPOUND SEIZED PROPERTY AND CASH UNDER $1500 in accordance with existing impound procedures and submit appropriate impound invoices and requests for scientific analysis a. Send all necessary seizure paperwork to the asset forfeiture detective for processing b. Do not release property seized for forfeitures from Property unless approved by the asset forfeiture detective c. Do not negotiate deals or plea bargains regarding assets unless conducted by the prosecuting attorney d. Request assistance from the asset forfeiture detective who will respond if needed if seized cash is $1500 or more e. Fully substantiate the probable cause establishing property as subject to forfeiture in all cases f. Forward copies of departmental reports, search warrants, seizure warrants, the Notice of Seizure for Forfeiture forms and the Proof of Service form in an envelope marked "Forfeiture" to the asset forfeiture detective within one day of seizing property or money for forfeiture 3. THE ASSET FORFEITURE DETECTIVE WILL: a. Review submitted paperwork for proper completion b. Complete the Request for Forfeiture form c. Obtain copies of the necessary investigative documents verifying the existence of narcotics or dangerous drugs and justifying the seizure of the property

5 01/08/10 Page 5 E. CARE AND CUSTODY OF PROPERTY d. Forward appropriate paperwork to the attorney for the state within ten days of seizure, allowing ten additional days for the attorney for the state to give proper notice to all additional parties known to have a legal interest in the seized property THE ASSET FORFEITURE COORDINATOR and/or the Evidence and Property personnel are responsible for the care and custody of all impounded property seized for forfeiture including at a minimum: 1. ASSET FORFEITURE COORDINATOR a. Track all seizures b. Count and deposit funds into the appropriate pending forfeiture account when notified by the asset forfeiture detective of forfeited cash in impound 2. EVIDENCE AND PROPERTY PERSONNEL: Log all cash. The asset forfeiture coordinator will use the log as a crosscheck to ensure all applicable seizures are accounted for and scheduled for deposit. 3. IMPOUNDING OFFICER: Note in the narrative on the invoice when cash seizures are narcotic related