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Oct 1, 2024 · According to Chapter 59 of the Texas Code of Criminal Procedure, law enforcement can confiscate property suspected of being involved in criminal activity without charging the owner with a crime. Property under these circumstances can include cash, real estate, vehicles, and other property assets.
(c-4) Notwithstanding Subsections (a) and (c-3), with respect to forfeited property seized in connection with a violation of Chapter 481, Health and Safety Code (Texas Controlled Substances Act), by the Department of Public Safety concurrently with any other law enforcement agency, in a proceeding under Article 59.05 in which a default judgment is rendered in favor of the state, the attorney ...
A peace officer who has custody of property shall provide the attorney representing the state with a sworn statement that contains a schedule of the property seized, an acknowledgment that the officer has seized the property, and a list of the officer’s reasons for the seizure. Not later than 72 hours after the seizure, the peace officer shall:
Jul 5, 2024 · What Is Confiscate? To confiscate means to seize property with authority, typically by governmental or law enforcement agencies, due to legal violations, criminal activity, or as part of regulatory enforcement. Confiscation is used to remove illegally obtained or unauthorized items from possession and may also serve as a penalty for legal ...
- I. Purpose
- II. Definitions
- III. Policy
- IV. Seizure Criteria & Prerequisites
- V. Seizure Procedures
- VI. Reporting Requirements
- VII. Email Notification Requirements
- VIII. Procedure – Seizing Division
- IX. Procedure – Asset Forfeiture Unit
- X. Procedure – Asset Forfeiture Unit Commander
This policy establishes directives for the seizure, documentation, handling, storage, forfeiture, and final disposition of contraband, including motor vehicles and cash, as defined in and regulated by the Texas Code of Criminal Procedure (CCP) and other related rules and regulations.
Contraband – Property of any nature that is listed in CCP, Chapter 59, “Forfeiture of Contraband,” Article 59.01, number 2. Criminal Instrument – Any object that is specifically designed, made, or adapted for use in the commission of an offense where the possession, manufacture, or sale of the object is not otherwise an offense. This includes vehic...
The Harris County Sheriff’s Office (HCSO) will take approach in seizing contraband in cases where legally justified, feasible, and appropriate to deter criminal activity. Upon being forfeited to the HCSO by court order, the contraband or resulting proceeds, excluding firearms and weapons, will be utilized for law enforcement operations.
For a seizure of contraband to be in compliance with this policy, it must be done in accordance with the requirements defined in this policy in addition to those defined by the Texas CCP and the HCDAO.
The seizing deputy must comply with the guidelines and procedures established in this policy. If deputies from the Criminal Investigations Bureau, Homeland Security Bureau, or AFU respond to the scene, then they will be responsible for determining seizure values and complying with this policy.
A. The primary deputy will be responsible for completing an incident report, and other involved deputies must complete a supplement report. B. If a deputy is assisting another agency with a seizure, they are still required to complete an incident report. The report must include the other agency’s case number, a description of the contraband, and as...
A. The seizing deputy must e-mail the case number, a description of contraband seized, and any other pertinent information to the AFU: (HCSOAssetForfeitureUnit@HCTX.net). The e-mail notification is essential and required to begin the forfeiture process. B. If a deputy assisted another agency with a seizure, they must e-mail the AFU within 24 hours ...
A. After a seizure is awarded to the HCSO by the courts, the AFU will notify the commander of the division originally requesting the seizure by e-mail. B. If the seizing division still wants the asset, it must arrange for inspection of vehicles by Harris County Fleet Operations for suitability for fleet use. Other assets may require inspection by o...
A. Upon receipt of the seizure e-mail, the HCSO AFU is responsible for: 1. Preparing and maintaining a case file for each HCSO seizure or equitable share request to include the offense report, all other pertinent forms, faxes, e-mails, photos, deposit slips, property receipts, property releases, and documentation related to that particular seizure;...
The HCSO AFU commander shall conduct periodic internal audits, both scheduled and random, of all records and logs within the HCSO AFU pertaining to seizures, forfeitures, and auctions to ensure compliance and maintenance of records. These audits shall bear the commander’s signature and be recorded by date.
Jun 11, 2024 · In Texas, civil asset forfeiture is governed by Chapter 59 of the Texas Code of Criminal Procedure. The law allows the state to seize property that is: Used in the commission of a felony. Proceeds derived from certain criminal activities. Instrumentalities used to commit crimes.
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Origin Of Search And Seizure Law. The Fourth Amendment of the United States Constitution reads in pertinent part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or ...
