Burlington Township Police Department

Eff. Date: 3-1-98 S.O.P Number: 3.01 Title: Asset Forfeitures

Issuing Authority: L.E. Nippins, III, PSD/CLEO Eval. Date: 3-1-03

Accreditation 74 Legal Process

Accreditation Standards: 74.4.1

Revision Date Page Numbers Sections Approved

SUBJECT: Asset Forfeitures 3.01 (7 pgs)

I. Purpose

The purpose of this General Order is to establish guidelines and procedures for initiating asset forfeiture proceedings as regards property that is seized or otherwise comes into the possession of the department and meets basic forfeiture action criteria.

II. Policy

It will be the policy of the department to initiate forfeiture action against seized or received property in accordance with the provisions of NJSA 2C:64-1, and in compliance with the policies and procedures of the NJ State Attorney General’s Office and the Burlington County Prosecutor’s Office.

III. Procedure

A. Property Subject to Forfeiture (per NJSA 2C:64-1a.)

1. Prima Facie Contraband

a. Controlled dangerous substances b. Firearms unlawfully possessed, carried, acquired, or used c. Illegally possessed gambling devices d. Untaxed cigarettes e. Untaxed special fuels  Includes diesel fuel, No. 2 fuel oil, and kerosene that is delivered, possessed, sold, or transferred on which the motor fuel tax has not been paid.

1 of 3.01 2. Any movable property, to include motor vehicles and other means of conveyance, that has been or is intended to be used in the commission of an indictable offense.

3. Immovable property to include buildings, premises, and other real estate maintained for the purpose of committing indictable offenses.

4. Currency, which is, or is intended, to be used to finance the commission of an indictable offense.

5. Any proceeds, including but not limited to property specified herein, obtained as the result of the sale of prima facie contraband, as described herein, or by the commission of any crime or other unlawful activity.

B. Authorization to Initiate Forfeiture Process

1. An officer who seizes or otherwise comes into possession of property that meets the legal criteria for forfeiture, as described herein, is to notify the duty supervisor. The duty supervisor, after verifying that the legal criteria has been met, may then, based on the facts of the case as presented by the officer, and a review of the case, authorize the officer to initiate the forfeiture process. The process may not be initiated without the authorization of the duty supervisor.

a. This notification is to be made while the individual from whom the property was seized or obtained is still in police custody. If forfeiture proceedings are not initiated the property, if not prima facie contraband or evidence may then be returned to the individual. b. If the property was not seized or obtained from an individual the duty supervisor is to be notified prior to the completion of the processing of the property.

2. If a supervisor determines that forfeiture proceedings should not be initiated regarding property that meets the legal criteria and general guidelines as described herein, that supervisor is to explain that decision on a department Action Memo and submit the memo and a copy of the incident report to the Operations Commander for review. The memo and report are to be forwarded prior to the conclusion of the supervisor’s shift.

a. If a supervisor has any questions regarding legal criteria or other guidelines they should be directed to the Operations Commander prior to initiating the process.

C. Issuing Forfeiture Envelope 1. Upon authorizing forfeiture proceedings, the duty supervisor will issue the requesting officer a “Forfeiture” envelope, Form “A”, and a United States Currency Seizure Report (if necessary). The supervisor will be responsible for ensuring that the envelope is clearly marked to identify it as containing

2 of 3.01 forfeiture documents. The case number will be printed in the upper right hand corner of the envelope, below the case number will be the date of the request (mm/dd/yy), and below the date will be the requesting officer’s badge number.

a. These entries will be made with a bold black felt marker. b. The issuing supervisor will initial the envelope in the lower left hand corner.

D. Preparation of Form “A” (Request for Distribution of Forfeited Property)

1. The requesting officer will be responsible for entering the following information in the “Requesting Agency’s Information” section of Form “A”:

a. Case Name  Name of individual forfeiture action is being taken against  Last, First MI b. Case Number  BTPD case number c. The requesting officer or supervisor are not to be entered as the Contact Person.

2. The requesting officer will be responsible for entering the following information in the “Description of Requested Property” section of Form “A”:

a. A detailed description and estimated value of the property to be forfeited.  If property includes currency “United States Currency Seizure Report” must be completed. See section “E.” below. b. Include VIN and serial numbers if available. c. If additional space is required a BTPD Narrative Sheet will be used.

3. Requesting officer is not to enter any other information on Form “A”. All other information, if not pre-printed, will be entered after submission.

E. Preparation of “United States Currency Seizure Report”

1. The seizing officer will be responsible for entering the following information in the “Claimant Information” section of the report:

a. Name  Individual forfeiture action is being taken against b. Address c. Date of Birth (DOB)  mm/dd/yy d. Social Security Number e. Home telephone number f. Work telephone number

3 of 3.01 2. The seizing officer will be responsible for entering the following information in the “Seizure Information” section of the report:

a. Case number  BTPD case number b. Seizing Officer c. Date of seizure  mm/dd/yy d. Time of seizure  24 hour clock e. Location of seizure

3. The seizing officer will be responsible for entering the following information in the “United States Currency Seized” section of the report:

a. Currency denominations and coins  Make entry for all listed denominations. If zero, so indicate. b. Total seized

4. When seizing currency the seizing officer is to immediately notify the duty supervisor that currency has been seized. The seizing officer will be responsible for transporting the currency directly from the location of the seizure to police headquarters. If the amount seized is in excess of $500.00, the duty supervisor will also respond to police headquarters to meet with the seizing officer.

a. The seizing officer will count the currency in the presence of a witnessing officer and the claimant, if possible. The witnessing officer will also count the currency to confirm the officer’s total. If the amount is in excess of $500.00, the supervisor must serve as the witnessing officer. The claimant shall not be permitted to count or otherwise handle the currency.  If the currency is other than US currency, the duty supervisor will make arrangements for the seizing officer to transport the currency to a bank for conversion to US currency. b. In addition to entering the denominations and amounts on the seizure report, they will also be recorded on a department cash envelope. The currency will then be placed in the cash envelope and the envelope sealed. The seizing officer and the witnessing officer will initial the envelope at the seal. c. The seizing officer, witness, and claimant will sign the seizure form where indicated in the “United States Currency Seized” section of the form. If the claimant refuses to sign it shall be so noted in the space provided.  The supervisor’s signature on the report will also indicate that he has reviewed the report and that it has been properly completed and that the information it contains is accurate. d. The cash envelope containing the currency is then to be submitted as evidence. The cash envelope, loose currency, or other evidence is never to be placed in the “Forfeiture” envelope.

4 of 3.01 5. The seizing officer will sign the form as the Submitting Officer, enter his Badge Number, and the Date (mm/dd/yy). A copy of the report will be made and given to the claimant.

a. The Review box is reserved for the Forfeiture Program Coordinator.  The Investigations Commander will designate a member of the Street Crimes Unit to serve as the Forfeiture Program Coordinator.

F. Submission of Documents

1. Once all the required forfeiture documents have been completed the seizing officer will place them and a copy of the incident and arrest report, if an arrest was made, in the “Forfeiture” envelope with the sealed cash envelope. The envelope will then be hand-delivered to the duty supervisor. The supervisor will then review the documents to ensure that they have been properly completed.

a. The supervisor is to initial the Form “A” in the upper left-hand corner of the “Description of Requested Property” section of the form to indicate review and approval.  A copy of the Form “A” will also be placed in the officer’s case folder. b. The supervisor will initial the incident report, arrest report, and other department reports in the usual manner to indicate review and approval. c. No property or evidence is to be placed in the envelope.

2. The supervisor who issues the “Forfeiture” envelope is not to go off-duty until the contents of the envelope have been approved and submitted.

3. The supervisor must then hand-deliver the envelope to;

a. Forfeiture Program Coordinator, if unavailable deliver to; b. Training/Scheduling Sergeant, if unavailable deliver to; c. Community Affairs/Relief Sergeant, if unavailable deliver to; d. Investigations Commander

4. After hours, on weekends, holidays, or during other periods when none of the above are available, the supervisor will place the envelope in the Investigations Commander’s locked mailbox in the Police Services Area. The Investigations Commander will check the mailbox on a daily basis and turn forfeiture envelopes over to the Forfeiture Program Coordinator for further processing. a. The supervisor will be responsible for ensuring that all the necessary documents are properly completed prior to being placed in the mailbox.

G. Notification of Prosecutor’s Office

5 of 3.01 1. Within 48 hours of receipt of the “Forfeiture” envelope, the Forfeiture Program Coordinator must contact the Evidence Management Section of the Burlington County Prosecutor’s Office (265-5333), and advice them of the intent to file a forfeiture claim. The program coordinator will then meet with the Director of Public Safety/Chief Law Enforcement Officer (PSD/CLEO) to have the “Certification” section of the Form “A” signed. The Form “A” and any other documentation requested will then be immediately FAXed to the Prosecutor’s Office Civil Remedies Unit.

a. The program coordinator, or designee, will initial the FAX confirmation sheet, attach it to the Form “A”, and return the form to the “Forfeiture” envelope.

2. If currency is included in the seized property, the program coordinator will make arrangements for the delivery of the “United States Currency Seizure Report” and the seized currency to the Prosecutor’s Office within 48 hours of the seizure.

a. Any sworn officer may deliver the currency. b. The officer delivering the currency will be provided with a receipt by the Prosecutor’s Office. The receipt will be returned to the program coordinator to be placed in the “Forfeiture” envelope. c. If there is a discrepancy in the amount recorded on the sealed cash envelope, and the amount received at the Prosecutor’s Office, the officer is to immediately contact the program coordinator.

3. The Prosecutor’s Office may determine, after review of the case, not to proceed with forfeiture action and will so advise. In these instances the date and the name of the prosecutor making the advisement will be entered in the upper left hand corner of the “Requesting Agency’s Information” section of Form “A”.

a. If forfeiture action is not approved and the property is not prima facie contraband or evidence, the program coordinator, or designee, will contact the individual from whom the property was seized to make arrangements for its return. Copies of any documents or correspondence generated as a result of an attempt to contact this individual will be placed in the “Forfeiture” envelope.

H. Tracking and Record Keeping

1. A copy of every document and piece of correspondence generated as part of the forfeiture action is to be included in the “Forfeiture” envelope. The Forfeiture Program Coordinator will maintain a file of all active “Forfeiture” envelopes, by BTPD case number. An active case will be defined as one wherein property seized has not yet been forfeited and delivered to the department.

6 of 3.01 a. Cases that are not approved for action by the County Prosecutor’s Office are inactive cases. b. Property acquired by the department via this process will be accounted for in agency records and may only be disposed of in accordance with law and the authorization of the Burlington County Prosecutor’s Office.

2. The program coordinator will also maintain a tickler file so that the Prosecutor’s Office can be contacted to determine the status of each active case at least every 30 days. The program coordinator will be responsible for briefing the Investigations Commander weekly regarding the status of each active case.

3. Once a case becomes inactive the “Forfeiture” envelope and its contents will be forwarded to the Records Bureau to be filed in the corresponding BTPD case file.

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Attachments - Request for Distribution of Forfeited Property (Form “A”) United States Currency Seizure Report

7 of 3.01