Legal Asset Seizure

Front 1

The authority for legal seizure of assets is contained in the following:

Back 1

The Texas code of criminal procedure

Texas motor vehicle laws

And various titles of the United States code

Front 2

Any police officer is authorized to enforce:

Back 2

The provisions of the legal asset seizure laws

Front 3

For purposes of this procedure property is classified as:

Back 3

Real property,

Tangible or intangible personal property, including anything severed from land, or

A document, including money that represents or embodies anything of value

Front 4

Property is seized where:

Back 4

The property is real property, and any improvements, which is used or intended to be used to commit, or facilitate the commission of an offense designated by chapter 59 of the Texas code of criminal procedure

The property is a vehicle, boat or plane used to facilitate the commission of applicable offenses

The property consist of books, financial records, bank statements, payment records, instructions, and research materials used in violation of any of the applicable offenses or

The property is personal property, weapons, documents, or money, which the officer has determined to be the proceeds of a cell transaction or trade property or criminal instrument, which is used in any way to commit any of the following applicable offenses listed in subsection .03 of this procedure

Front 5

Chapter 59 of the Texas code of criminal procedure, authorizes the state to seize based on probable cause property that is among other things

Used in the commission of :

Back 5

Any first or second-degree felony under the Texas Penal code

Any felony under Texas penal code, evading, arrest robbery, burglary/criminal, trespass, theft, fraud, computer, crimes telecommunication, crimes insurance fraud penal code that involves the state Medicaid program of the Texas penal code or

Any felony under the securities act.

In offense under chapter 49 DWI penal code that is punishable as a felony of the third degree or state, jail felony if the defendant has been previously convicted three times of an offense under that chapter

Front 6

The Texas code of criminal procedure authorizes the state to seize based on probable cause property that is among other things:

Used or intended to be used in the commission of :

Back 6

Any felony under chapter 481 health and safety code, Texas controlled substance act

Any felony under chapter 483 health and safety code

A felony chapter 151 finance code

Any felony under chapter 34 money laundering

A class A misdemeanor under Sub chapter B health and safety code, littering, if the defendant has been previously convicted twice of an offense under that Sub chapter or

A class B misdemeanor under chapter 522, business and commerce code a class A misdemeanor 42.10 Penal code.

Front 7

The proceeds gained from the commission of a felony or a___________

Back 7

Crime of violence

Front 8

Officers, observing or detecting the presence of an item, specified in section 0.3 of this procedure sees the property according to law:

Back 8

Seizures of personal property occur in any place that the officer has a right to be

Front 9

Seizure of any property subject to forfeiture may occur under the authority of a search warrant issued:

Back 9

Pursue it to chapter 18 of the Texas code of criminal procedure

Front 10

Seizure of any property, subject to forfeiture may be made without a warrant, if:

Back 10

The owner operator or agent in charge of the property knowingly consents

The seizure is incident to a search to which the owner operator or agent in charge of the property knowingly consents

The property subject to seizure has been subject of a prior judgment in favor of the state, in a forfeiture proceeding under chapter 59 of the CCP

The seizure is incident to lawful arrest, lawful search, or lawful search incident to arrest

Front 11

Officers must request supervisory assistance in all cases:

Back 11

Legal asset seizure

Front 12

The legal acid seizure detail is notified through the communication unit before officers leave the scene in all potential seizure cases with the exception of vehicles, being impounded as criminal instruments and cash money:

Back 12

Which is placed in the property room as designated by GM procedure 606 impounding property

Front 13

Officers document probable cause for determining the status of property:

Back 13

Before the actual seizure of property

Front 14

Officers issue receipts to the person previously in control of:

Back 14

The property for any property seized under this procedure

Front 15

Seized property is protected and safeguarded by:

Back 15

The seizing officer, while under the officers control

Front 16

Seized property to include vehicles, is impounded as evidence and transported to a facility for storage as designated by GM procedure 606 impounding property or 607 impounding vehicles:

Back 16

Officers place a hold on the towing service record invoice for legal asset, seizure detail in the case of vehicle seizures

Front 17

After evaluation of a case involving a vehicle legal asset, seizure detail:

Back 17

Prepares SAPD form number 110 vehicle detainer for physical evidence for long-term impoundment litigation and coordinates with vehicle storage unit personnel for the transfer of the vehicle from their control area to a separate designated area for this purpose or

Releases the hold of the vehicle SAPD form 113 vehicle release authorization

Front 18

After evaluation of a case involving property other than vehicles, the legal asset, seizure detail:

Back 18

Transfers, the property seized to a designated storage facility, assigned to the detail

Weapons are stored in the property room with a hold placed for the proper follow up unit or

Remove the hold for seizure from the property

Front 19

Officers, direct copies of all reports pertaining to an asset seizure, made under chapter 59 of the code of criminal procedure to the:

Back 19

Legal acid seizure detail in order that immediate steps may be taken to secure the property from being reclaimed by the owner

Front 20

Officers attempt to determine ownership of property at the time of seizure, and include this information:

Back 20

In reports submitted

Front 21

The ignition and truck keys to seized vehicles are also seized and placed into the property room as evidence all personal property must be:

Back 21

Removed from vehicles by the seizing officer, as designated by GM procedure, 607 in pounding vehicles

Front 22

The legal acid, seizure detail maintains possession of all, seized the money and other personal property while subject to the courts jurisdiction:

Back 22

Seized personal property, including money is placed in the property room as evidence with a hold for legal asset, seizure detail, and

Seized personal property, including money, remains in the San Antonio Police Department property room until it is released to the legal asset, seizure detail, pending litigation or is released by the legal acid seizure detail

Property seized and released to the legal asset seizure detail pending litigation is stored and maintained in a designated and secured storage area for that purpose except Money

Seized pending litigation or released to the legal asset. Seizure detail is deposited into an interest-bearing account designated for that purpose by the bear county district attorneys office.

Front 23

A separate designated storage area for seized vehicles is utilized until disposition is determined by the court vehicles are maintained as evidence apart from other impounded vehicles, and not released without authorization of the legal asset, seizure detail, and

Back 23

Court orders, commanding the release or other disposition of seize motor vehicles are first routed through the legal asset seizure detail

The legal asset seizure, detailed notifies vehicle storage unit personnel of any Legitimate court orders or case status change involving the release of vehicles in order that these particular vehicles are returned to the control of the vehicle storage unit personnel for release purposes

Front 24

Real property seized through efforts of members of the Police Department remain in custody of the legal asset, seizure detail while

Back 24

Subject to the courts jurisdiction

Front 25

Members of the legal acid, seizure detail, prepare the necessary, seizure affidavits, in order to secure judgment and forfeiture of seize property under:

Back 25

Chapter 59 of the Texas code of criminal procedure

Front 26

Officers, ensure that the completed and signed affidavit is:

Back 26

Notarized and returned to the legal asset, seizure detail without delay

Front 27

Hey, judicial ruling on the disposition of seized assets, determines whether or not:

Back 27

An actual forfeiture of the property takes place

Front 28

Should the title to personal or real property be granted to the department as the result of adjudication the legal asset seizure detail is given notification:

Back 28

In order that the disposition of property is properly coordinated

Front 29

The legal asset seizure detail prep enabling documentation to allow the:

Back 29

City of San Antonio to obtain titles to vehicles distributed under this procedure

Front 30

The chief of police determines whether property awarded under this procedure is:

Back 30

Sold at public auction

Converted for use by the department for a law enforcement, purpose, or

Destroyed

Front 31

In the case of property disposed of at a public auction, the property is sold in a manner consistent with existing administrative policies of the

Back 31

Finance department and the purchasing, and General service department of the City of San Antonio

Front 32

The law enforcement use of property awarded under this procedure is:

Back 32

Designated by the chief of police

Front 33

Property previously seized and forfeited to the City of San Antonio, which is no longer serviceable and considered surplus by the department is:

Back 33

Disposed of, according to administrative policy of the finance department, and the purchasing and general service department of the City of San Antonio, and within the guidelines for disposition of forfeited property, as outlined in chapter 59 of the Texas code of criminal procedure