LINEVILLE PD - 602 - ASSET FORFEITURE

LINEVILLE PD

GENERAL ORDERS LINCOLN POLICE DEPARTMENT

SUBJECT: INVESTIGATION OPERATIONS

TITLE: ASSET FORFEITURE

EFFECTIVE DATE: JUNE 1, 2025

REVISION DATE:

ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)

APPROVAL: CHIEF DARREN E. BRITTON

ASSET FORFEITURE

602.1 PURPOSE AND SCOPE

This policy describes the authority and procedure for the seizure, forfeiture, and liquidation of property associated with designated offenses.

602.1.1 DEFINITIONS

Definitions related to this policy include:

FISCAL AGENT - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Lincoln Police Department seizes property for forfeiture or when the Lincoln Police Department is acting as the fiscal agent pursuant to a multi-agency agreement.

FORFEITURE - The process by which legal ownership of an asset is transferred to a government or other authority.

FORFEITURE REVIEWER - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and acting as the liaison between the Department and the forfeiture counsel.

Property subject to forfeiture may include depending on the facts:

(a) Property, proceeds, or instrumentalities used for or derived from the commission of any felony (Ala. Code § 15-5-61).

(b) Property, proceeds, or instrumentalities used for or derived from the commission of a misdemeanor offense related to prostitution (Ala. Code § 15-5-61).

(c) Property which is used or intended for use as a container for controlled substances. This includes currency or other materials or equipment used or intended for use in controlled substances which have been grown, manufactured, distributed, dispensed, or acquired in violation of Alabama law (Ala. Code § 20-2-93).

(d) Money or other things of value furnished or intended to be furnished in exchange for a controlled substance in violation Alabama law or proceeds traceable to such an exchange (Ala. Code § 20-2-93).

(e) Aircraft, vehicles, or vessels used to transport or facilitate the transportation, sale, receipt, possession, or concealment of controlled substances grown, manufactured, distributed, dispensed, or acquired in violation of Alabama law (Ala. Code § 20-2-93).

(f) Real property used or intended to be used for the manufacture, cultivation, growth, receipt, storage, handling, distribution, or sale of any controlled substance in violation of Alabama law (Ala. Code § 20-2-93).

(g) Property of any type whatsoever constituting or derived from any proceeds obtained directly or indirectly from any violation of Alabama law concerning controlled substances (Ala. Code § 20-2-93).

(h) Property, including vehicles, used in the commercial production, transportation, dissemination, display, or storage of child pornography (Ala. Code § 13A-12-198).

(i) Gambling devices, money, and vehicles used for illegal gambling (Ala. Code § 13A-12-30).

(j) Property related to illegal distilleries (Ala. Code § 28-4-282).

(k) Handguns related to a criminal offense (Ala. Code § 13A-11-84).

(l) Cigarettes, other tobacco products lacking proper invoices or stamps, and any vehicle used in the transportation of those products (Ala. Code § 40-25-8; Ala. Code § 40-25-8.1; Ala. Code § 40-25-9).

Seizure - The act of law enforcement officials taking property, cash, or assets that have been used in connection with or acquired by specified illegal activities.

602.2 POLICY

The Lincoln Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime, and reduce the economic incentive of crime. However, the potential of revenue shall not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or any person’s due process rights.

It is the policy of the Lincoln Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeitures.

602.3 ASSET SEIZURE

Property may be seized for forfeiture as provided in this policy.

In the event that any items are seized by an Officer with the intention of forfeiture, it is imperative that theyimmediately reach out to the SIU Supervisor within 24hrs, of the seizure. No exceptions. This is a crucial step in ensuring the proper handling and processing of the seized items.

A seizure order must be filed and executed within seven days and then returned to the court within 14 days with an application for forfeiture, which shall include an inventory, to the prosecuting authority in the jurisdiction for consideration (Ala. Code § 20-2-93).

602.3.1 PROPERTY SUBJECT TO SEIZURE

The following property may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer (Ala. Code § 20-2-93):

(a) Property authorized for seizure by a court order.

(b) Property not authorized for seizure by a court order that can be legally accessed and:

Can be seized as evidence of a crime.

There is probable cause to believe the property was used or intended to be used to commit a felony violation of the Alabama Uniform Controlled Substances Act or any other felony (Ala. Code § 20-2-93; Ala. Code § 15-5-63).

Whenever practicable, obtaining a search warrant or court order 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 to make a seizure.

602.3.2 PROPERTY NOT SUBJECT TO SEIZURE

The following property should not be seized for forfeiture:

(a) Property that the officer reasonably believes the owner or interest holder of did not know about the related offense (an "innocent owner") (Ala. Code § 15-5-62).

(b) Property that would be disproportionate in value to the offense, such as the seizure of a vehicle for simple possession of a controlled substance for personal use.

(c) Cash and property that does not otherwise meet the current minimum forfeiture thresholds in accordance with state law (Ala. Code § 20-2-93).

602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS

When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following:

(a) Complete the applicable seizure forms (AL. Form CR-1.1) and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized (Ala. Code § 20-2-93).

(b) When property is seized, and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so.

The officer will book seized property as evidence with the notation in the comment section of the property form, "Seized Subject to Forfeiture." Property seized subject to forfeiture should be booked on a separate property form. No other evidence from the case should be booked on this form.

Photographs should be taken of items seized, particularly cash, jewelry, and other valuable items.

Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere; the whereabouts of the property is unknown; it is real estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer.

602.5 MAINTAINING SEIZED PROPERTY

The Forensic UnitInvestigator(s) is/are responsible for ensuring compliance with the following:

(a) All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition.

(b) All property received for forfeiture is checked to determine whether the property has been stolen.

(c) All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest.

(d) Property received for forfeiture is not used unless the forfeiture action has been completed.

(e) Forfeitable property is retained until such time as its use as evidence is no longer required.

602.6 FORFEITURE REVIEWER

The Chief of Police will appoint a forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a course approved by the Department on asset forfeiture. The responsibilities of the forfeiture reviewer include:

(a) Remaining familiar with forfeiture laws, particularly the Alabama Comprehensive Criminal Proceeds Forfeiture Act (Ala. Code § 15-5-61 et seq.), the Alabama Uniform Controlled Substances Act (Ala.Code § 20-2-93), and the forfeiture policies of forfeiture counsel.

(b) Serving as the liaison between the Department and the forfeiture counsel and ensuring prompt legal review of all seizures.

(c) Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing, and tracking forfeitures.

(d) Reviewing each seizure-related case and deciding whether the seizure is more appropriately made under state or federal seizure laws. The forfeiture reviewer should contact federal authorities when appropriate.

(e) Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case.

(f) Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form, and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for:

Names and contact information for all relevant persons and law enforcement officers involved.

Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records).

A space for the signature of the person from whom cash or property is being seized.

A tear-off portion or copy (AL From CR-1.1), which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure, and a detailed description of the items seized.

(g) Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs), or Administrative Orders. The training should cover this policy and address any relevant statutory changes and court decisions.

(h) Reviewing each asset forfeiture case to ensure that:

Written documentation of the seizure and the items seized is in the case file.

Independent legal review of the circumstances and propriety of the seizure is made in a timely manner (Ala. Code § 15-5-62).

Notice of seizure has been given in a timely manner to those who hold an interest in the seized property.

Property is promptly released to those entitled to its return.

All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case.

Any cash received is deposited with the fiscal agent.

Assistance with the resolution of ownership claims and the release of property to those entitled is provided.

Current minimum forfeiture thresholds are communicated appropriately to officers.

This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law.

A seizure order and application for forfeiture are timely submitted to the prosecutor when applicable (Ala. Code § 20-2-93).

(i) Ensuring that a written plan is available that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement personnel and attorneys who may assist in these matters is available.

(j) Ensuring that the process of selling or adding forfeited property to department inventory is in accordance with all applicable laws and consistent with the use and disposition of similar property.

(k) Upon completion of any forfeiture process, ensuring that no property is retained by the Lincoln Police Department unless the Chief of Police authorizes in writing the retention of the property for official use.

(l) Reporting seizures to the Alabama State Law Enforcement Agency via the uniform crime reporting system or a commission-approved reporting system when applicable (Ala. Code § 41-9-655.01; Ala. Admin. Code r. 265-X-3-.07).

(m) Reporting proceeds from the sale of property seized and forfeited in federal court to the Alabama State Law Enforcement Agency via electronic submission (Ala. Admin. Code r. 265-X-3-.07).

Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures (Ala. Code § 15-5-65; Ala. Code § 20-2-93; Ala. Code § 41-9-655.02).

Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives.

602.7 DISPOSITION OF FORFEITED PROPERTY

No member of this department may use property that has been seized for forfeiture until the forfeiture action has been completed and the Chief of Police has given written authorization to retain the property for official use. No department member involved in the decision to seize property should be involved in any decision regarding the disposition of the property.

These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.

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