Policy Text
Policy Delano Police Department
602 Delano PD Policy Manual
Asset Forfeiture
602.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of
property associated with designated offenses.
602.1.1 DEFINITIONS
Definitions related to this policy include:
Fiscal agent - The person designated by the Chief of Police to be responsible for securing and
maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.
This includes any time the Delano Police Department seizes property for forfeiture or when the
Delano Police Department is acting as the fiscal agent pursuant to a multi-agency agreement.
Forfeiture - The process by which legal ownership of an asset is transferred to a government
or other authority.
Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible
for reviewing all forfeiture cases and for acting as the liaison between the Department and the
assigned attorney.
Property subject to forfeiture - The following may be subject to forfeiture:
(a) Property related to a narcotics offense, which includes (Heath and Safety Code §
11470; Health and Safety Code § 11470.1):
1. Property (not including real property or vehicles) used, or intended for use,
as a container for controlled substances, materials to manufacture controlled
substances, etc.
2. Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the
manufacture, possession for sale or sale of specified quantities of controlled
substances.
3. Money, negotiable instruments, securities or other things of value furnished or
intended to be furnished by any person in exchange for a controlled substance,
proceeds traceable to an exchange, etc.
4. Real property when the owner is convicted of violating Health and Safety Code §
11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6
(drug houses) when the property was not used as a family residence or for other
lawful purposes, or property owned by two or more persons, one of whom had
no knowledge of its unlawful use.
5. The expenses of seizing, eradicating, destroying or taking remedial action with
respect to any controlled substance or its precursors upon conviction for the
unlawful manufacture or cultivation of any controlled substance or its precursors.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Asset Forfeiture - 1
Published with permission by Delano Police Department