NCJ Number
97657
Date Published
1985
Length
178 pages
Annotation
This Canadian working paper establishes a framework to govern detention and disposition of seized property, including property seized under a custody order. Fourteen recommendations are offered.
Abstract
The application of this framework is not dependent upon whether the items were seized pursuant to a search warrant. Under this plan, judicial control is to be asserted over all items seized under custody orders made by a justice on the basis of postseizure reports and return warrants. Also included are procedures to govern access to items detained under a custody order, and provisions to limit the duration of the custody order. Essential elements of the framework include the following: (1) evidence of an offense should be seized and detained for use in criminal investigations and prosecutions, (2) illegally taken property should be seized and detained in order to facilitate its return to the person demonstrating a proprietary interest, and (3) absolute contraband should be seized to enforce the prohibition against possession. The paper discusses the intrusive nature of search, seizure, and detention; reasons for requiring detention of seized items; help available to victims and the hardship imposed on victims by not being able to use their seized property; and costs and benefits of this new plan to the police. Recommendations dealing with postseizure control highlight the need for accountability mechanisms and judicial control over seized items, for reporting requirements and custody orders, and for access to court records and documents as well as items seized and detained. Additionally, recommendations concerning the issues of detention and disposition, illegal seizures and evidence, and contraband are included. Restoration applications are recommended, and the need for notice provisions is cited. Recommendations concerning accurate records, property rights, competing claims, and appeals are also offered. A total of 170 footnotes are provided.