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\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Seizures and Forfeitures CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 49 04/30/1989 03/26/2024 16 AUTHORITY/RELATED REFERENCES FS Chapter 717, Disposition of Unclaimed Property FS 932.701-7062, Florida Contraband Forfeiture Act General Order 6, Arrests and Alternatives to Arrest General Order 18, Criminal Investigations General Order 42, Impounding and Controlling of Property and Evidence General Order 46, Rules of Conduct General Order 62, Management of Confidential Informants ACCREDITATION REFERENCES CALEA Chapters 1, 84 CFA Chapter 15 KEY WORD INDEX Currency Procedures Procedure VI Disposition of Forfeiture Cases Procedure X Federal Asset Forfeiture Procedures Procedure XI General Procedures Procedure II Legal Advisor’s Responsibilities Procedure IV Motor Vehicle, Aircraft and Vessel Procedures Procedure V Property Subject to Forfeiture Procedure I Real Property Procedures Procedure VIII Required Reports and Forms Procedure III Training Requirements Procedure XII Use of Forfeited Property Procedure IX Weapons and Personal Property Procedures Procedure VII\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT POLICY The Department is committed to the utilization of state and federal seizure and forfeiture statutes to deter and prevent the use of contraband for criminal purposes, while protecting the constitutional rights and proprietary interests of innocent owners. DEFINITIONS Bias-Based Profiling: The selection of individuals based solely on a common trait of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group or other identifiable groups. Claimant: Any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienholders, and title holders. PROCEDURES I. PROPERTY SUBJECT TO FORFEITURE A. Only sworn members are authorized to seize property for forfeiture under the Florida Contraband Forfeiture Act (FCFA). B. Members may seize a contraband article, vessel, motor vehicle, aircraft, other personal property, or real property for forfeiture under the FCFA only when: 1. There is probable cause to believe the item subject to seizure has been used, is being used, or was attempted to be used in violation of any provision of the FCFA, and 2. The owner of the property is arrested for the criminal offense which forms the basis for the forfeiture, or one or more of the following circumstances are applicable to the situation: a. The owner of the property cannot be identified after a diligent search. b. The person in possession of the property denies ownership and the owner of the property cannot be identified by means which are available to the member at the time of the seizure. GENERAL ORDER 49 PAGE 2 of 16 SEIZURES AND FORFEITURES MARCH 26, 2024\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT c. The owner of the property is a fugitive from justice (see subsection I C below for additional information). d. The owner of the property is deceased. e. A person who does not own the property is arrested for a criminal offense which forms the basis for the forfeiture and the owner of the property had actual knowledge of the criminal activity (evidence that an owner received written notification from a law enforcement agency and acknowledged receipt of the notification in writing, that the seized asset had been used in violation of the FCFA on a prior occasion by the arrested person, may be used to establish actual knowledge). f. The owner of the property agrees to be a confidential informant (see subsection I D below for additional information). g. The property is money. C. The following protocols are applicable to situations described in subsection B 2 c above (owner considered a fugitive from justice): 1. In order for an owner to be considered a fugitive from justice, there must be an active arrest warrant for the owner for a criminal offense which forms the basis for the forfeiture. 2. If such an arrest warrant does not exist and probable cause exists to obtain a warrant, members are responsible for the following: a. Within 72 hours of the seizure, obtaining an arrest warrant for the owner in adherence to the applicable protocols in General Order 6 (Arrests and Alternatives to Arrest) except that the probable cause form and warrant affidavit shall be “hand- delivered” to both the State Attorney’s Office and the judge (i.e., do not leave the paperwork to be reviewed at a later date), b. If the warrant application is approved by the reviewing judge, attempting to serve the warrant within at least five (5) business days of obtaining approval, and c. Notifying the Legal Advisor of the procurement of the arrest warrant and service or attempted service. GENERAL ORDER 49 PAGE 3 of 16 SEIZURES AND FORFEITURES MARCH 26, 2024\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT 3. If such an arrest warrant does exist, members are responsible for attempting to serve the warrant within at least five (5) business days of the seizure. D. The following protocols are applicable to situations described in subsection B 2 f above (owner agrees to be a confidential informant): 1. Members shall not use the threat of property seizure or forfeiture to coerce the owner of the property to enter into a confidential informant agreement. 2. The Department shall return the property to the owner if: a) Criminal charges are not filed against the owner and the active criminal investigation ends, or b) The owner ceases being a confidential informant, unless the owner agrees otherwise (e.g., final forfeiture of the property is included as a component of the confidential informant agreement). II. GENERAL PROCEDURES A. Members shall not take seizure or forfeiture actions premised on bias- based profiling. B. No member shall receive any compensation for, or have their employment, salary, promotion, or any other compensation dependent on, attaining a quota of seizures. C. Any member needing assistance with completing a forfeiture action shall consult their supervisor or the Legal Advisor. D. When property is seized for forfeiture under the FCFA, it will be seized as contraband, and members are responsible for handling the property in accordance with General Order 42 (Impounding and Controlling of Property and Evidence) and: 1. Providing the person from whom the property was seized with the appropriate copy of the PD 139 (Property and Evidence Receipt) or PD 129 (Vehicle Receipt), 2. Placing the property in the appropriate secure location (property/evidence room, vehicle impoundment lot, or any other location deemed necessary), and GENERAL ORDER 49 PAGE 4 of 16 SEIZURES AND FORFEITURES MARCH 26, 2024\n\n--- Page 5 ---\n\n\n\n--- Page 6 ---\n\nTALLAHASSEE POLICE DEPARTMENT B. The seizing member shall complete a PD 248 and submit it to their supervisor (or another supervisor if more appropriate) for approval. 1. The supervisor shall review the request to determine if there is sufficient probable cause and, if approved, sign the PD 248. 2. The completed PD 248 shall be submitted to the Legal Advisor’s Office within 24 hours of the seizure (excluding weekends and holidays). C. The seizing member should complete a Notice of Seizure form (PD 248a) at the time of the seizure. 1. The PD 248a provides a description of the items being seized for forfeiture, information regarding the right to an adversarial preliminary hearing, and a signature line for acknowledgement of receipt of the form. 2. When the PD 248a is completed at the time of seizure, the seizing member is responsible for providing a copy of the form (if possible) to the person from whom the property was seized and any other person who the member believes may assert a claim to the property