Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
3 1/24/2011 08/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______________________
606 - Asset Forfeiture Policy 1 POLICY 606 ASSET FORFEITURE POLICY
606.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure and liquidation of assets
associated with designated offenses . This policy applies to forfeited or seized assets in the form
of currency, real estate, automobiles, boats, aircraft or any other items of value.
606.1.1 ACCREDITA TION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.3 , 84.1.8
This section pertains to the following Standard Operating Procedures : N/A
606.2 ASSET SEIZURE AUTHORITY
Health & Safety Code § 11470 and § 11470.1 provides for the forfeiture of property related to a
narcotic offense including:
a) Property (not including real property or vehicles) used, or intended for use, as a containe r
for controlled substances, materials to manufacture controlled substances, etc ;
b) 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 ;
c) 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 .;
d) Real property when the owner is convicted of violating H ealth 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 n o knowledge of its unlawful
use;
e) The expenses of seizing, eradicating, destroying or taking remedial action with respect to
any controlled substance or its precursors.
Penal Code § 186.2 and Penal Code § 186.3 provides for the forfeiture of property related to
criminal profiteering (may include gang crimes), including:
a) Any property interest, whether tangible or intangible, acquired through a pattern of
criminal profiteering activity;
b) All proceeds acquired through a pattern of criminal profiteering activit y, including all things
of value that may have been received in exchange for the proceeds immediately derived
from the pattern of criminal profiteering activity.
606.2.1 PROPERTY SUBJECT TO SEIZURE
The following may be seized upon review and approval of a supervisor:
CATEGORY DATE ADOPTED LAST REVIEW
3 1/24/2011 08/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______________________
606 - Asset Forfeiture Policy 2 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 fo llowing 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 violat ion 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 to forfeiture.
Officers aware of assets that may be fo rfeitable 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 or der for seizure prior to making a seizure is the
preferred method.
A large amount of money standing alone is insufficient to establish the probable cause required to
make a seizure.
602.2.2 PROPERTY NOT SUBJECT TO SEIZURE
The following property should not be seized for forfeiture:
a) Cash and property that does not meet the forfeiture counsel’s current minimum forfeiture
thresholds should not be seized;
b) Real property is not subject to seizure, absent exigent circumstances, without a court
order (Health an d Safety Code § 11471);
c) A vehicle which may be lawfully driven on the highway if there is a community property
interest in the vehicle by a person other than the suspect and the vehicle is the sole
vehicle available to the suspect’s immediate family (Healt h and Safety Code § 11470);
d) Vehicles, boats or airplanes owned by an “innocent owner ,” such as a common carrier
with no knowledge of the suspected offense (Health and Safety Code § 11490).
606.2.3 SEIZURE ORDER
If the seizure would involve an intrusion into or upon a privacy interest or a situation defined by
statue as requiring process (e.g. a bank), then a “seizure order” from the Superior Court would be
required to seize the property. The officer must be able to state facts in the affidavit for the
seizure warrant that lead the judge to conclude there is probable cause to believe the property is
subject to forfeiture.
A seizure order may also be used for assets that are physically unavailable or impractical to
seize. For example, a vehicle used