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321 Property Seized Under Administrative Forfeiture (Revised 09-09-2019)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER March 1, 2011 321 SUBJECT: REVISION DATE SECTION: Property Seized Under Administrative Forfeiture September 9, 2019 Yellow I. PURPOSE To articulate requirements for the processing of property seized under administrative forfeiture. This is a mandatory policy adopted as required by Minnesota Statutes § 609.531. II. POLICY It shall be the policy of the Fridley Police Department that all employees of the agency, all employees assigned to another law enforcement agency’s task force and all employees assigned from an outside law enforcement agency to a task force in which this agency serves as the fiscal agent, shall follow all state and federal laws pertaining to the processing of property seized for forfeiture. III. DEFINITIONS Cash Money in the form of bills or coins, traveler’s checks, money orders, checks or other forms of electronic money or stored value cards, including but not limited to gift cards, debit cards, gift cards/certificates or other negotiable financial instruments. Conveyance Device A device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property, which is in fact, itself stolen or taken in violation of the law. Firearms/ammunition/firearm accessories A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, fire arm optics, suppression devices, cleaning supplies, etc. Forfeiture The process by which legal ownership of an asset is transferred to a government or other authority. Jewelry/Precious Metals/Precious Stones The term “precious metals/precious stones” includes items of jewelry, such as rings, necklaces, and watches that reasonably appear to be made of precious metals or precious stones. Precious metals include but are not limited to gold, silver, platinum, iridium, and palladium. Precious stones, often referred to as gemstones, include but are not limited to diamonds, emeralds, and rubies. Forfeiture/Seized Property Reviewer An Agency employee responsible for reviewing all forfeiture cases and is the liaison between the Agency and prosecutor’s office. The supervisor of the Investigations Unit shall be the designated Forfeiture/Seized Property Reviewer for purposes of this policy. Seizure The act of law enforcement officials taking property, including cash, vehicles, etc. that has been used in connection with or acquired by illegal activities. IV. TRAINING Training will be provided by the department, in consultation with the prosecuting authority, to officers who may exercise the use of administrative forfeiture in the performance of their assigned duties. Such training will be conducted whenever the policy is changed or modified based upon administrative directives, legislative statute changes and/or relative court decisions. Training may include but not limited to policies, directives, electronic or traditional classroom education. V. PROCEDURE A. SEIZED PROPERTY SUBJECT TO ADMINISTRATIVE FORFEITURE 1. The following property may be seized and is presumed under Minnesota Statutes § 609.5314 to be subject to administrative forfeiture if the item has a retail value of $50,000.00 or less: a. All money, precious metals, and precious stones found in proximity to: 1) Controlled substances; 2) Forfeitable drug manufacturing or distributing equipment or devices; or 3) Forfeitable records of manufacture or distribution of controlled substances. b. All conveyance devices containing controlled substances with a retail value of $100 or more if possession or sale of the controlled substance would be a felony under Minnesota Statutes Chapter 152. c. All firearms, ammunition, and firearm accessories found: 1) In a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance; 2) On or in proximity to a person from whom a felony amount of controlled substance is seized; or 3) On the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under Minnesota Statutes Chapter 152. 2. Seizure of property not listed above must be processed in coordination with and approved by the unit supervisor. B. PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS 1. When any property as described in the above section is seized, the officer making the seizure must prepare the following: a. The proper Notice of Seizure and Intent to Forfeit Property form. This form must be completed to include the following: a list describing each item seized, the name of the individual served with the Notice, location, and the date of seizure. Administrative forfeiture notices are NOT to be given for assets seized under Minnesota Statutes § 609.5314 if the retail value of the asset exceeds $50,000.00. b. A receipt for the item(s) seized. 2. The Notice form also contains information concerning the right to obtain judicial review and the procedure under Minnesota Statutes § 609.5314 to follow to obtain it. The form must be dated and signed by the officer conducting the seizure. An agency case number must be included on the form. The individual from whom property is seized must be given an opportunity to sign the seizure notice form. If the person refuses, the officer conducting the seizure must check the appropriate box indicating the refusal to sign. If property is seized from multiple individuals, a separate seizure form must be completed for each individual. A copy of the seizure form must be given to the individual served. 3. All property subject to and being processed for forfeiture through the agency must be held in the custody of the agency. 4. The officer conducting the seizure shall forward the original and seizure notices, seized property processing worksheets, property receipts and reports to the Forfeiture/Seized Property Reviewer within 10 days of seizure. 5. The officer conducting the seizure shall inform the Forfeiture/Seized Property Reviewer of the estimated retail value of drugs found in proximity to the asset seized. C. PROCESSING CASH FOR ADMINISTRATIVE FORFEITURE 1. Officers shall not seize cash having an aggregate value less than fifty dollars ($50), unless pre-recorded buy funds are included in the cash seized. Cash shall be recounted and the amount verified by another officer. The property bag and inventory receipt shall be co-signed when cash is involved. 2. All forfeitable cash seized shall be delivered to the evidence room as soon as practicably possible after the seizure. 3. Prior to deposit with the evidence room, officers shall examine all cash seized to determine whether it contains any buy funds. Officers shall document the recovery of all buy funds and deposit those funds with the Forfeiture/Seized Property Reviewer to be returned to the appropriate unit’s buy fund account. 4. Officers seizing cash shall complete a property inventory on an evidence sheet. If cash is seized from multiple individuals, an evidence sheet will be completed for each individual. The evidence sheet shall specify the total amount of cash seized from each individual. The evidence sheet shall also contain a detailed description of all checks, money orders and/or travelers checks or other financial instruments. 5. The officer conducting the seizure shall provide a copy of the completed evidence sheet to the Forfeiture/Seized Property Reviewer. 6. It is the seizing officer’s responsibility to secure cash consistent with General Order 302 Evidence Handling. D. PROCESSING JEWELRY/PRECIOUS METALS/PRECIOUS STONES 1. Officers seizing jewelry, precious metals, and/or precious stones will write a detailed description of each item on the property inventory receipt prior to inventorying the items. A copy of the property inventory receipt and any photographs of the jewelry, precious metals and/or precious stones shall be delivered to the Forfeiture/Seized Property Reviewer. 2. Officers seizing jewelry, precious metals, and/or precious stones shall deliver those items to the evidence room as soon as practicably possible. E. PROCESSING CONVEYANCE DEVICES 1. Upon seizure for forfeiture, all conveyance devices shall immediately be taken to and secured at the forfeiture lot or t o a secure impound facility designated by the agency. 2. The conveyance device and its contents shall be inventoried in accordance with agency policy. Officers shall complete applicable report forms and distribute them appropriately. F. PROCESSING FIREARMS/AMMUNITION/FIREARMS ACCESSORIES 1. When firearms, ammunition, or firearms accessories are seized, they shall be inventoried and delivered to the evidence room as per General Order 302 Evidence Handling. G. CASE FILE STATUS 1. The Forfeiture/Seized Property Reviewer shall forward all changes to forfeiture status to the supervisor who initiated the case. H. REPORT WRITING 1. Officers seizing property must complete a report. All reports must include a description of the items seized, where the property is turned in/stored, the name of the individual served, the date that the seizure form was served, the name of the serving officer, and whether or not the individual signed the Notice of Seizure and Intent to Forfeit Property form. 2. All reports dealing with seized property will be completed within 24 hours of the seizure when practically possible.