Policy Text
Policy
606Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAsset Forfeiture - 1Asset Forfeiture
606.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of
property associated with designated offenses.
606.1.1 DEFINITIONS
Fiscal agent - The person designated by the Police Chief to be responsible for securing and
maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.
This includes any time the Mountain View Police Department seizes property for forfeiture or when
the Mountain View 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 Police Chief 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.
Mountain View Police Department
Mountain View PD Policy Manual
Asset Forfeiture
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAsset Forfeiture - 2(b)Property related to criminal profiteering (may include gang crimes), to include (Penal
Code § 186.2; Penal Code § 186.3):
1.Any property interest, whether tangible or intangible, acquired through a pattern
of criminal profiteering activity.
2.All proceeds acquired through a pattern of criminal profiteering activity, including
all things of value that may have been received in exchange for the proceeds
immediately derived from the pattern of criminal profiteering activity.
Seizure -The act of law enforcement officials taking property, cash or assets that have been used
in connection with or acquired by specified illegal activities.
606.2 POLICY
The Mountain View Police Department recognizes that appropriately applied forfeiture laws are
helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the
potential for revenue should never compromise the effective investigation of criminal offenses,
officer safety or any person’s due process rights.
It is the policy of the Mountain View Police Department that all members, including those assigned
to internal or external law enforcement task force operations, shall comply with all state and federal
laws pertaining to forfeiture.
606.2.1 SPECIAL GUIDELINES APPLICABLE TO AUTOMOBILES
Special guidelines apply regarding the minimum amounts of controlled substances contained in a
vehicle in order for it to be seized as a conveyance used to facilitate narcotic activity. The minimum
amounts of a controlled substance within a vehicle are defined by the Santa Clara County District
Attorney's Office.
606.3 ASSET SEIZURE
Property may be seized for forfeiture as provided in this policy.
606.3.1 PROPERTY SUBJECT TO SEIZURE
The following may be seized upon review and approval of a supervisor and in coordination with
the forfeiture reviewer:
(a)Property subject to forfeiture authorized for seizure under the authority of a search
warrant or court order.
(b)Property subject to forfeiture not authorized for seizure under the authority of a search
warrant or court order when any of the following apply (Health and Safety Code §
11471; Health and Safety Code § 11488):
1.The property subject to forfeiture is legally seized incident to an arrest.
2.There is probable cause to believe that the property was used or is intended to
be used in a violation of the Uniform Controlled Substances Act and the seizing
Mountain View Police Department
Mountain View PD Policy Manual
Asset Forfeiture
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAsset Forfeiture - 3officer can articulate a nexus between the property and the controlled substance
offense that would lead to the item being property subject for forfeiture.
Officers aware of assets that may be forfeitable as a result of criminal profiteering or human
trafficking should consider contacting the district attorney regarding a court order to protect the
assets (Penal Code § 186.6; Penal Code § 236.6).
Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the
preferred method.
A large amount