Policy Text
SACRAMENTO POLICE DEPARTMENT
ASSET FORFEITURE
MANUAL
RM 526.03
SACRAMENTO POLICE DEPARTMENT
ASSET FORFEITURE MANUAL
REVISED 01-00
TO: ALL SWORN PERSONNEL
General Order 526.03 implements this manual and requires all officers to know its contents and follow
its guidelines when seizing the assets or proceeds of illegal narcotic sales. This policy statement is an expansion of that found in the General Order.
Seizing the proceeds of illegal narcotic activity following state and federal regulations generates funds
to help our Department combat narcotic activity.
Officers shall report, through the chain of command, any discrepancies they discover between the
contents of this manual and current law so this manual shall remain contemporary, viable, and as useful as possible.
SACRAMENTO POLICE DEPARTMENT
ASSET FORFEITURE MANUAL
ASSET FORFEITURE MANUAL
1 OF 12ASSET FORFEITURE GUIDELINES – 11470 H&S
§ 11470 H&S is quote as follows:
“The following are subject to forfeiture:
(a) All controlled substances which have been manufactured, distributed, dispensed, or
acquired in violation of this division.
(b) All raw materials, products, and equipment of any kind which are used, or intended for
use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this division.
(c) All property except real property or a boat, airplane, or any vehicle which is used, or
intended for use, as a container for property described in subdivision (a) or (b).
(d) All books, records, and research products and materials, including formulas, microfilm,
tapes, and data which are used, or intended for use, in violation of this division.
(e) The interest of any registered owner of a boat, airplane, or any vehicle other than an
implement of husbandry, as defined in §36000 of the CVC, which has been used as an instrument to facilitate the manufacture of, or possession for sale or sale of 14.25 grams
or more of heroin or cocaine base as specified in paragraph (1) of subdivision (f) of
§11054, or substance containing 14.25 grams or more of heroin or cocaine base as specified in paragraph (1) of subdivision (f) of §llO54, or 14.25 grams or more of a substance containing heroin or cocaine base as specified in paragraph (1) of subdivision (f) of §11054, or 28.5 grams or more of Schedule I controlled substances except marijuana, peyote, or psilocybin; 10 pounds dry weight or more of marijuana, peyote, or psilocybin; or 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of §11055, or methamphetamine; or a substance containing 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of §11055, or methamphetamine; or 57 grams or more of a substance containing cocaine, as specified in paragraph (6) of subdivision (b) of §11055, or methamphetamine; or 28.5 grams or more of Schedule I1 controlled substances. No interest in a vehicle which may be lawfully driven on the highway with a class C, class MI, or class M2 license, as prescribed in §12804 of the CVC, may be forfeited under this subdivision if there is a community property interest in the vehicle by a person other than the defendant and the vehicle is the sole class C, class M1, or class M2 vehicle available to the defendant's
immediate family.
(f) All monies, negotiable instruments, securities, or other things of value furnished or
intended to be furnished by any person in exchange for a controlled substance, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, or securities used or intended to be used to facilitate any violation of §11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of this code, or §182 of the Penal Code, insofar as the offense involves manufacture, sale, possession for sale, offer for sale, or offer to manufacture, or conspiracy to commit at least one of those offenses, if the exchange, violation, or other
conduct which is the basis for the forfeiture occurred within five years of the seizure of
the property, or the filing of a petition under this chapter, or the issuance of an order of forfeiture of the property, whichever comes first.
(g) The real property of any property owner who is convicted of violating §11366, 11366.5 or
11366.6 with respect to that property. However, property which is used as a family residence or for other lawful purposes, or which is owned by two or more persons, one of
whom had no knowledge of its unlawful use, shall not be subject to forfeiture.
(h) Subject to the requirements of §11488.5 and except as further limited by this subdivision
to protect innocent parties who claim a property interest acquired from a defendant, all right, title and interest in any personal property described in this section shall vest in the
state upon commission of the act giving r ise to forfeiture under this chapter, if the state
or local governmental entity proves a violation of §113