Metropolitan Police Department Washington D.C.

Subject:

Handling and Accounting for Seized and Forfeited Property

Series    Number  Change

601       03

Effective Date

April 30, 1992

Revision Date

*

 

The purpose of this order is to establish guidelines and procedures for the handling, follow-up, and disposal of property seized by the department which is subject to forfei­ture and disposal pursuant to applicable District of Columbia or Federal laws. This order consists of the following parts:

 

PART I    Responsibilities and Procedures for

          Members of the Department

 

A.   Policy.

B.   Processing Seized Property.

C.   Reporting Requirements.

 

PART II   Responsibilities and Procedures for

          Special Assignment Personnel

 

A.   Drug Interdiction Forfeiture Fund Budget Advisory Committee.

B.   The Financial Investigation Unit.

 

PART III  Responsibilities and Procedures for

          Supervisory and Command Personnel

 

A.   Property Clerk.

B.   Commander, Financial Investigation Unit.

C.   Director, Fleet Management Division.

D.   Director, Office of Finance and Resource Management.

E.   Director, Narcotics and Special Investigations Division.

 

PART I

 

A.    Policy.

 

1.   To every extent consistent with existing provisions of the D.C. Code, the Property Clerk shall use the procedures outlined in DCMR Title 6A, Chapter 8, sec­tions 805 through 810, for handling all property coming into the custody of the Metropol­itan Police Department pursuant to law, including D.C. Code Section 4-152 seq., D.C. Code Section 22-1505 seq., and D.C. Code Section 33-501 seq.

 

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

2 of 8

 

 

 

2.   All conveyances (e.g. motor vehicles, aircraft, vessels, etc.) which are used, or intended to be used, to transport for the purpose of the sale or receipt of illegal controlled substances are subject to seizure and forfeiture (under the D.C. Code, an automobile is not subject to forfeiture for a charge of simple possession of a controlled substance, or for a violation of the Drug Paraphernalia Act only).

 

3.   A (permanent) lieutenant or higher shall respond to the scene of a potential seizure of a vehicle for forfeiture to make a determination as to whether the vehicle should be seized or not.

 

4.   Vehicles that are forfeited and retained by the department shall be utilized for official police business only.

 

5.   All automobiles or other vehicles placed in official use by any element of the department shall be considered a part of the Fleet Management Division’s invento­ry and shall be subject to all appropriate rules governing official use of department vehicles.

 

6.   All property seized for forfeiture shall be reported on a PD Form 81 (Property Record). Property seized by member(s) detailed to the Drug Enforcement Administration shall be reported on a DEA Form 453. A copy of the completed DEA 453 shall be delivered to the lieutenant detailed to the Drug Enforcement Administration and forwarded to the Financial Investigation Unit Commander.

 

7.   The original copy of all PD Forms 81 shall be processed through the MPD Property Clerk and shall remain in the custody of the Property Clerk until properly released.

 

8.   The PD Form 81 (Property Record) shall be the basis for all entries into the Property Evidence Inventory Control System (PEICS).

 

9.   All entries into PEICS shall be controlled by the MPD Property Clerk.

 

10.  Any element of the department anticipating the need to make official use of forfeited property of any kind (except vehicles) shall submit a PD Form 160 to the Property Division with appropriate justification for each item.

 

11.  The Property Clerk shall determine the priority and availability of all property to be placed in official use by the department.

 

 

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

3 of 8

 

 

 

12.  The Special Litigation Section, Office of the Corporation Counsel, is responsible for prosecuting appropriate libel actions against money and other property seized by the department for violation of narcotic and gambling laws.

 

B.   Processing Seized Property.

When preparing PD Forms 81 and 163 (Prosecution Report) or any other MPD form [such as PD Form 854 (Investigative File Report)] pertaining to the arrest or seizure, members shall pay special attention to detail. The omission of relevant and necessary information from the Property record may prevent or delay the forfeiture action. which, in turn, results in mandatory return of the property to the owner. Mem­bers shall be responsible for:

 

1.   Establishing, in reports, the justification for the seizure of property, and the specific violation supporting the “forfeiture” classification. A statement identify­ing the circumstances regarding the seizure of the property, the violation, i.e., gambling, narcotic, etc., and connection between the seized property, and the violation must be specific (phrases such as “cash is frequently used in violations of this type” are not acceptable);

 

2.   Including, in PD Forms 81 and 163, the following information:

 

a.   The exact location of any seizure and/or arrest;

 

b.   A clear definition of the relationship between the seized proper­ty and the violation for which the defendant was charged. If more than one classification of forfeitable property is seized at the same time, a notation should be made on the Property Book as to the number of property records made for the forfeitable property);

 

c.   The location (e.g., shirt, pants, shoe, sock, etc.); and exact amount(s) of any specified currency;

 

d.   The estimated value of seized property shall reflect, so far as possible, the actual market value of the property as determined by the Property Clerk and the owner of each piece of property shall be clearly identified; and

 

e.   A separate item number shall be given to each identifiable item of property, by serial number or other distinct description (multi­ple items of property with identical descriptions may be report­ed under one item number); and

 

 

 

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

4 of 8

 

 

 

3.   Classifying money which is determined to be “transaction monies” as “held for civil forfeiture” when narcotics and money are found together. The transaction monies shall be:

 

a.   Separated from the defendant’s personal money; and

b.   Listed on the PD Forms 81 and 163, clearly identifying the amount of money recovered, and the particular location the money was recovered (money recognized as the defendant’s personal money shall be handled as “prisoner’s property”).

 

C.   Reporting Requirements.

Members shall adhere to the following reporting procedures regarding the seizure of property for the purpose of forfeiture.

 

1.   Members shall be responsible for notifying, during regular business hours, or no later than 1000 hours the next business day, personnel of the Financial Investigation Unit of the following:

 

a.   A street seizure of cash in the amount of $2,500 or greater;

 

b.   Execution of a search warrant and seizure of cash in the amount of $5,000 or greater during the search;

 

c.   A search warrant is executed and bank or other records located during the search indicate substantial bank deposits or other unusual financial or real estate holdings belonging to the target of the investigation or any other resident of the location searched; and

 

d.   A search warrant is executed for a private residence (i.e., privately-owned house, condominium, etc.) and the investiga­tion indicates the residence is one in which drug trafficking or related activity regularly takes place; and

 

2.   Whenever cash, vehicles, or other property is seized as a result of the participation by members of the department in any joint MPD/federal investigative effort, regardless of the level of participation, the MPD investigator(s) assigned to the investiga­tion shall notify an official assigned to the Financial Investigation Unit no later than the first business day following the seizure of the property.

 

B.   Financial Investigation Unit shall be responsible for:

 

1.   Coordinating and administering the department’s asset removal program;

 

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

5 of 8

 

 

 

2.   Assisting the Gambling, Liquor, and Technical Services Branch,

     in the investigation and seizure of assets belonging to violators of the D.C. Code gambling provisions;

 

3.   Assisting department personnel in the investigation and seizure of assets belonging to violators of the Uniform Controlled Substance Act, or any other District or federal law for which the seizure of assets is provided for by statute;

 

4.   Coordinating all asset seizure and forfeiture investigations conducted by department personnel in conjunction with federal agencies;

 

5.   Establishing a tracking system for asset seizure cases developed from joint investigations with federal agencies to ensure that the District of Columbia benefits from the proceeds-sharing privileges granted by federal or other local government jurisdiction;

 

6.   Serving as the MPD referral point for the exchange of information with other government agencies in those asset seizure investigations where inter-agency cooperation is necessary, or where prosecution is beyond District jurisdiction, but may fall within federal or other local government jurisdiction;

 

7.   Training department investigators in the utilization of asset seizure law, practice, procedure, and removal techniques so that asset seizure will become an integral part of all drug trafficking investigations;

 

8.   Recommending changes in laws and/or department procedures to improve the asset seizure and forfeiture pr.ocess; and

 

9.   Preparing all department Applications for Transfer of Federally Forfeited Property (DOJ Form DAG-71) to ensure that applications are submitted in a proper, timely manner and that the proceeds are received by the District of Columbia.

10. Preparing and obtaining all affidavits in support of seizure warrants.

 

PART III

 

A.       Property Clerk shall be responsible for:

 

1.   Coordinating with the Department of Administrative Services in establishing procedures for converting forfeited property to official use by other agencies of the District of Columbia Government, pursuant to DCMR Title 6A, Section 810;

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

6 of 8

 

 

 

2.   Ensuring that proceeds from all forfeited property are deposited by the Property Division, in consultation with the Director, Office of Finance and Resource Management, in the appropriate account, as provided by law;

 

3.   Identifying the expenses of the forfeiture process, including direct expenses of mailing, advertising, storage, appraisal, etc., and reporting same to the Director, Office of Finance and Resource Management;

 

4.   Ensuring that a liaison is maintained with the Commander, Financial Investigation Unit, and/or the Special Litigation Section, Office of the Corporation Counsel, regarding the seizure of property under the purview of this order.;

 

5.   Ensuring that a copy of all PD Forms 81 regarding seized property forfeited for narcotic and gambling violations is forwarded to the Financial Investigation Unit for final review, prior to being forwarded to the Special Litigation Section, Office of the Corporation Counsel; and

 

6.   Ensuring that a file of all Default Decrees of Condemnation or similar administrative forfeiture documents for all property that has been processed for libel or forfeiture, is maintained.

 

B.  Commander. Financial Investigation Unit, shall be responsible for     establishing and maintaining a continuing liaison with the Property     Clerk and/or the Special Litigation Section, Office of the Corporation     Counsel, for the purpose of making the following reviews or     determinations:

 

1.   When additional seizures might be appropriate in connection with a particular arrest or seizure;

 

2.   When to initiate a financial investigation for the purpose of ascertain­ing the existence of potentially seizable property;

3.   When to transfer property to the custody of federal authorities or to refer potential seizures for joint action by federal and District authorities. In making such determinations, the following factors shall be taken into consideration:

 

a.   Whether joint investigations by D.C., federal, or other local law enforcement agencies were or may be involved;

 

b.   Whether property subject to seizure is located in other jurisdic­tions;

 

c.   The comparative effectiveness of a joint seizure effort;

 

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

7 of 8

 

 

 

d.   The relationship of federal authorities to past cases involving the same defendant or potential co-defendants;

 

e.   Whether the underlying criminal proceedings are prosecuted un­der federal or District law; or

 

f.   Any other factors which would tend to improve or enhance cooperation and efficiency between District and federal authori­ties; and

 

4.   Ensuring that PD Forms 81, prepared as a result of property seizures for violations of narcotic and gambling laws, are reviewed, in order to:

 

a.   Ensure that all required reports are complete and contain suffi­cient information to support a request for forfeiture; and

 

b.   Make recommendations as to the forfeiture of seized property.

 

5.   Ensuring that the Director, Narcotics and Special investigations Division, is notified when vehicles are forfeited through the D.C. or federal forfeiture systems and are available for service.

 

C.  Director. Fleet Management Division, shall be responsible for:

 

1.   Ensuring that a file, consisting of a copy of all Default Decrees of Condemnation or similar administrative forfeiture documents for vehicles that have been forfeited to the District of Columbia, is maintained;

 

2.   Ensuring that an inspection of all forfeited vehicles is performed and that a determination is made as to serviceability and whether any vehicle is:

 

a.   Usable by elements of the department;

 

b.   Eligible for referral to the Department of Administrative Ser­vices; or

 

c.   Not serviceable and eligible for disposal by the Property Clerk.

 

3.   Ensuring that forfeited vehicles are assigned for use within the following order:

 

a.   Narcotics and Special Investigations Division,

 

Publication

 

Effective Date

Page Number

General Order 601.3

 

April 30, 1992

8 of 8

 

 

 

b.   Patrol District Vice/Tactical Units, and

 

c Other department elements, as needed; and

 

4.   Ensuring that a current list of all forfeited vehicles, determined to be officially utilized by the department, and adding these vehicles to the inventory of fleet vehicles in order that they receive maintenance according to the procedures outlined in General Order 301.1 (Vehicle Operation and Maintenance).

 

D.   Director, Office of Finance and Resource Management, shall be      responsible for ensuring that all proceeds from the forfeiture      process are managed and allocated pursuant to law.

 

E.        Director. Major Narcotics Branch shall be responsible for:

 

1.   Forwarding to the Director, Fleet Management Division, a list of vehicles that have been forfeited to the District of Columbia or this department.

 

2.   Recommending to the Director, Fleet Management Division, which forfeited vehicles shall be placed in service and used by members of the Narcotics and Special Investigations Division and recommending the assignment of other vehicles obtained through the Asset Seizure and Forfeiture Program.

 

 

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