NCJ Number
136449
Journal
Asset Forfeiture Bulletin Dated: (Spring 1992) complete issue
Date Published
1992
Length
12 pages
Annotation
This article focuses on the need for effective preseizure planning including the use of well-written seizure warrants to ensure a successful property management unit.
Abstract
The role of the seizing agency is to determine the appropriate procedure for seizing a property as well as to target a specific property for seizure. Considerations for safeguarding property include an item's marketability, expense in storing, and maintenance issues. Timing is an important element in seizure, and decisions to delay or proceed quickly must be based on whether the sale is legitimate or a sham. A legitimate sale could result in confiscating sale proceeds instead of property. Preseizure planning includes determining which agency will take the lead and whether the lead agent will be the property manager, the prosecutor, or the judge. Preseizure planning demands compliance with the law and avoidance of privacy violations. A seizure warrant offers directions and guidance to both owners of property and potential claimants and provides property managers with instructions on how to handle issues that occur during or after a seizure. Included in the bulletin is a book review, analysis of jurisdictional issues in adoptive seizures, and examination of a forfeiture case.