NCJ Number
132834
Date Published
1991
Length
67 pages
Annotation
Forfeiture is a legal mechanism whereby the government can take property that is used or acquired illegally, especially property associated with illicit drug trafficking.
Abstract
Because forfeiture actions are strictly construed by the courts, seizing agencies must adhere to constitutional and statutory guidelines. Not all States have enacted their own forfeiture laws, and a significant aspect of forfeiture is the ability of local law enforcement agencies to share in the proceeds of Federal forfeitures. Planning a property seizure is an extremely important stage of the overall forfeiture process. Once property is seized, the agency involved is responsible for managing and protecting it. The local office of the U.S. Marshals Service can give State and local authorities advice on real property seizure matters and on the necessary documents involved. Civil forfeiture of property used in criminal activity or purchased with the proceeds of crime can be an important component of a comprehensive law enforcement strategy. Civil forfeiture of real property can deprive criminals of assets and a site for their activities, discourage similar activities, and provide the seizing agency with a source of revenue. Ideally, forfeiture of real property will be combined with arrests, seizures of personal property, and the imposition of taxes and fines. Documents contained in appendixes were created by Florida's Metro-Dade Police Department to facilitate seizures. 40 endnotes