602Asset_Forfeiture

Policy 602San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentAsset Forfeiture - 1Asset 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 San Luis Obispo Police Department seizes property for forfeiture or when the San Luis Obispo 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. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo 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. 602.2 POLICY The San Luis Obispo 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 San Luis Obispo 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. 602.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 602.3.1 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 officer 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). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentAsset Forfeiture - 3Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the preferred method. A large amount of money standing alone is insufficient to establish the probable