Policy Text
Page 1 of 5 General Order 7 -16 - (05/22/23 )
DRU G-RELATED SEIZURES
RICHMOND POLICE DEPARTMENT
GENERAL ORDER
Subject: DRUG -RELATED SEIZURES
Chapter
7 Number
16 Pages
5
References:
CALEA Standards: 1.2.4 , 42.2.1c
VA State Code: §19.2 -386.22
Federal: 21 U.S.C. § 881(a)
Related Orders: N/A Effective Date: 05/22/2023
Revised By: Review
Prv. Rev. Date: 04/01/2019
Chief of Police:
I. PURPOSE
The purpose of this directive is to establish the policy and procedure regarding drug -related
seizure of assets.
II. SUMMARY OF CHANGE
This revision incorporate s the handling of case folders, old language has been omitted.
III. BACKGROUND
A. Both state and federal asset forfeiture statutes authorize civil proceedings designed to
forfeit drug -related property under certain circumstances. The Code of Virginia §19.2 -
386.22 allows law enforcemen t officers to immediately seize an asset that is :
1. Used “in substantial connection with” the illegal manufacture, sale or distribution
of controlled substances or possession with intent to sell or distribute controlled
substances or the delivery of drugs to a prisoner ;
2. Of value and furnished or intended to be furnished in exchange for a controlled
substance; and,
3. Money and property traceable to such an exchange together with any interest or
profits derived from the investment of such money or property.
B. Feder al law permits federal forfeiture of ass ets when those assets are:
1. Used to f acilitate a drug law violation;
2. Of value and furnished or intended to be furnished by any person in exchange for a
controlled substance ; or,
Page 2 of 5 General Order 7 -16 - (05/22/23 )
DRU G-RELATED SEIZURES 3. Traceable to an exchange of illegal dru gs.
NOTE: This is an overview of 21 U.S .C. §881(a). This section sh all be specifically
referred to for all drug-related forfeiture s.
IV. ACCOUNTABILITY STATEMENT:
All employees are expected to fully comply with the guidelines and timelines set forth in this
general order. Responsibility rests with the Division Commander to ensure that any
violations of policy are investigated and appropriate training, counseling and/or disciplinary
action is initiated.
This directive is for internal use only, and does not enl arge an employee’s civil liability in
any way. It should not be construed as the creation of a higher standard of safety or case in
an evidentiary sense, with respect to third party claims. Violation of this directive, if proven,
can only form the basis of a complaint by this Department, and then only in a non -judicial
administrative setting.
V. POLICY
A. It is the policy of the Richmond Police Department that officers may seize assets if:
1. There is a criminal arrest for the drug law violations as stated in t his policy, and
there exists :
a) A substantial connection can be made between the asset and the illegal act; or,
b) The asset was used in exchange for a controlled substance; or,
c) The asset is traceable to an illegal exchange.
OR
2. A criminal arrest is not made for drug law violations but there exists:
a) Probable cause to believe that a substantial connection can be made between
the asset and the illegal act; or,
b) Probable cause to believe that the asset was used in exchange for a controlled
substance; or,
c) Probabl e cause to believe that the asset is traceable to an illegal exchange as
determined by the Asset Forfeiture Unit (AFU ).
NOTE: A seizure under th ese situation s means that an officer must be able to
articulate facts , which lead him/her to believe that the as set was subject to
forfeiture under Virginia law .
B. To proceed under federal law, a member of the Asset Forfeiture Section will contact the
appropriate federal agency for permission to seize money or property.
Page 3 of 5 General Order 7-16 - (05/22/23)
DRUG-RELATED SEIZURES VI. PROCEDURE
A. Procedures and Responsibilities for Seizing Officers: [CALEA 1.2.4]
1. Submit the following documentation to the corresponding divisions:
a) Asset Seizure Report (PD-30) to the Property and Evidence Unit, at the time
of submission, for seizures involving cash, vehicles or any other asset(s).
The property clerk will forward the original and one copy of the PD-30 to
the AFU ;
b) Vehicle Tow Slip to the Property & Evidence Unit for vehicles prior to
reporting off-duty that day; and,
c) Completed PD-30 and all pertinent case information to the AFU.
2. Notify the AFU when a residence is used to facilitate a drug law violation, i.e. drugs
are found on the premises, to determine if real property or leases may be forfeitable.
3. Once forfeiture action is initiated, AFU personnel will make a final disposition or
release the subject property as provided by law and departmental policy.
4. If an arrest is made and a criminal case is pending in court and asset forfeiture
action is not being taken against the property or asset, then the property or asset
should be introduced as evidence at the trial so that it may be retained either by the
court or released