NCJ Number
153718
Date Published
Unknown
Length
54 pages
Annotation
This guide was written for police officers who investigate properties with a history of drug-related activity and who want to use a legal remedy known as civil forfeiture.
Abstract
Although there are over 100 forfeiture statutes in the U.S. Code, the guide addresses only one aspect of Federal forfeiture law, the facilitation theory as it relates to real property. The guide identifies techniques for use in investigating real property that is in violation of the U.S. Code's facilitation theory section. Aside from the financial benefit that flows back to the investigating agency (equitable sharing), forfeiture has other advantages. It can result in a quick end to the activity if the property is seized. Upon seizure, the owner occupant can be required to execute an agreement to cease criminal activity. Forfeiture is also an appropriate remedy to deal with individuals who benefit from the illegal sale or use of drugs because it takes away the asset (property) that is being used to facilitate the illegal activity. The guide covers applicable law related to forfeiture and the facilitation theory and develops a forfeiture case. In addition, the guide examines real property ownership, ownership interest, the preliminary investigation, evidence collection and documentation methods, investigative file preparation, the offsite property owner, preseizure planning, settlement and investigative costs, and equitable sharing.