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606 Hastings Police Department
Hastings PD Policy Manual - 2020
Asset Forfeiture
606.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of
property associated with specified designated offenses and controlled substance offenses (Minn.
Stat. § 609.531 to Minn. Stat. § 609.5318).
606.2 POLICY
It shall be the policy of the Hastings Police Department that all employees of the agency, all
employees assigned to another law enforcement agency's task force and all employees assigned
from an outside law enforcement agency to a task force in which this agency serves as the fiscal
agent, shall follow all state and federal laws pertaining to the processing of property seized for
forfeiture. Training will be provided by the employing law enforcement agency in consultation with
the prosecuting authority to officers who may exercise the use of administrative forfeiture in the
performance of their assigned duties. Such training to be conducted whenever the agency policy
is changed or modified based upon administrative directives, legislative statutes changes and/or
relative court decisions. Training may include but not limited to agency policy, directives, electronic
or traditional classroom education.
606.3 DEFINITIONS
Definitions related to this policy include:
Cash - Money in the form of bills or coins, traveler's checks, money orders, checks, or other forms
of electronic money or stored value cards, including but not limited to gift cards, debit cards, gift
cards/certificates, or other negotiable financial instruments.
Conveyance device - A device used for transportation. It includes but is not limited to a motor
vehicle, trailer, snowmobile, airplane, and vessel, and any equipment attached to it. The term
"conveyance device" does not include property which has been stolen or taken in violation of the
law.
Firearms/ammunition/firearm accessories - A device that projects either single or multiple
projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and
its propellant. Accessories include but are not limited to holsters, gun cases, firearm optics,
suppression devices, and cleaning supplies.
Fiscal Agent - The person designated by the Hastings Police Department to be responsible for
securing and maintaining seized assets and distributing any proceeds as a result of any forfeiture
proceedings. This includes anytime the Hastings Police Department seizes property for forfeiture
or when the Hastings Police Department is acting as the fiscal agent pursuant to a multi-agency
agreement.
Forfeiture - The process by which legal ownership of an asset is transferred to a government
or other authority.
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Asset Forfeiture
Forfeiture Reviewer - The Hastings Police Department employee assigned by the Hastings
Police Department responsible for reviewing all forfeiture cases and for acting as the liaison
between the Department and the prosecutor's office.
Jewelry/precious metals/precious stones - The term includes items of jewelry, such as rings,
necklaces, and watches that reasonably appear to be made of precious metals or precious
stones. Precious metals include but are not limited to gold, silver, platinum, iridium, and palladium.
Precious stones, often referred to as gemstones, include but are not limited to diamonds,
emeralds, and rubies.
Seizure - The act of law enforcement officials taking property, including cash and conveyance
devices that have been used in connection with or acquired by illegal activities.
606.4 SEIZED PROPERTY SUBJECT TO ADMINISTRATIVE FORFEITURE
The following property may be seized and is presumed under MN STAT 609.5314 to be subject
to administrative forfeiture if the item has a retail value of $50,000.00 or less:
All money, precious metals and precious stones found in proximity to:
•controlled substances;
•forfeitable drug manufacturing or distributing equipment or devices; or
•forfeitable records of manufacture or distribution of controlled substances.
All conveyance devices containing controlled substances with retail value of $100 or more if
possession or sale of the controlled substance would be a felony under MN STAT Chapter 152.
All firearms, ammunition and firearm accessories found:
•in a conveyance device used or intended for use to commit or facilitate the commission
of a felony offense involving a controlled substance;
•on or in proximity to a person from whom a felony amount of controlled substance is
seized; or
•on the premises where a controlled substance is seized and in proximity to the
controlled substance, if possession or sale of the controlled substance would be a
felony under MN STAT Chapter 152.
Situations in which forfeiture should not be pursued:
•Seizure of property not listed above must be processed, reviewed and approved by
the unit supervisor.
606.5 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS
When any property as described in the above section is seized, the peace officer making the
seizure must prepare the following:
•The proper Notice of Seizure and Intent to Forfeit Property form. This form must be
completed to include the following: a list describing each item seized, the name of
the individual served with the Notice, location, and the date of seizure. Administrative
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Asset Forfeiture
forfeiture notices are NOT to be given for assets seized under MN STAT 609.5314 if
the retail value of the asset exceeds $50,000.00.
•A receipt for the item(s) seized.
The Notice form also contains information in English, Hmong, Somali and Spanish concerning the
right to obtain judicial review and the procedure under MN STAT 609.5314 to follow to obtain it.
The form must be dated and signed by the peace officer conducting the seizure. An agency case
number must be included on the form. The individual from whom property is seized must be given
an opportunity to sign the seizure notice form. If the person refuses, the peace officer conducting
the seizure must check the appropriate box indicating the refusal to sign. If property is seized from
multiple individuals, a separate seizure form will be completed for each individual. A copy of the
seizure form must be given to the individual served.
All property subject to and being processed for forfeiture through the agency must be held in the
custody of the agency.
The peace officer conducting the seizure shall forward the original and pink copy of the seizure
notices, seized property processing worksheets, property receipts and reports to the Forfeiture/
Seized Property Reviewer within 10 days of seizure.
The peace officer conducting the seizure shall inform the Forfeiture/Seized Property Reviewer of
the estimated retail value of drugs found in proximity to the asset seized.
606.5.1 CASH HANDLING
Peace officers shall not seize cash having an aggregate value less than (Agency Discretion),
unless pre-recorded buy funds are included in the cash seized. Cash shall be recounted and the
amount verified by another employee of the Agency. The property bag and/or inventory receipt
shall then be co-signed when cash is involved.
All forfeitable cash seized will be turned over to the Forfeiture/Seized Property Reviewer or
property/evidence room as soon as practicably possible (Agency Discretion) of the seizure.
Prior to deposit with the Forfeiture/Seized Property Reviewer, peace officers shall examine all
cash seized to determine whether it contains any buy funds. Peace officers shall document the
recovery of all buy funds and deposit those funds with the Forfeiture/Seized Property Reviewer to
be returned to the appropriate unit's buy fund account.
Peace officers seizing cash shall also prepare a property inventory. If cash is seized from multiple
individuals, a property inventory receipt will be completed for each individual. The property
inventory receipt shall specify the total amount of cash seized from each individual. The agency
property inventory shall also contain a detailed description of all checks, money orders and/or
travelers checks or other financial instruments.
The peace officer conducting the seizure shall provide a copy of the completed property inventory
receipt to the Forfeiture/Seized Property Reviewer.
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Asset Forfeiture
It is the seizing peace officer's responsibility to secure the cash consistent with the agency policy
or procedure.
606.5.2 JEWELRY/PRECIOUS METALS/PRECIOUS STONES
Officers seizing jewelry, precious metals and/or precious stones will write a detailed description
of each item on the property inventory receipt. A copy of the property inventory receipt and any
photographs of the jewelry, precious metals and/or precious stones shall be delivered to the
Forfeiture Reviewer.
Officers seizing jewelry, precious metals and/or precious stones shall book those items according
to current property and evidence procedures as soon as practicable.
606.5.3 VEHICLES
Any conveyance device seized for forfeiture shall be taken to a secure designated area or to a
department-approved impound facility as soon as practicable.
Officers shall inventory the conveyance device and its contents in accordance with the
Vehicle Towing Policy. Officers shall also complete applicable report forms and distribute
them appropriately. A copy of the vehicle storage report shall be included with the seizure
documentation that is submitted to the Forfeiture Reviewer.
606.5.4 FIREARMS/AMMUNITION/FIREARM ACCESSORIES
When firearms, ammunition or firearms accessories are seized, they shall be inventoried and
delivered to the Evidence Room in accordance with the current booking procedures and the
Evidence Room Policy.
606.6 CASE FILE STATUS
The Forfeiture/Seized Property Reviewer shall forward all changes to forfeiture status to the
supervisor who initiated the case.
606.7 DISPOSITION OF FORFEITED PROPERTY
Legal disposition may include (Minn. Stat. § 609.5315; Minn. Stat. § 169A.63, Subd. 10):
1.Retention by the Department and/or prosecuting agency.
(a)If a forfeited motor vehicle is kept for Department use, the Department will make
a reasonable effort to ensure the vehicle is available for use and adaptation by
officers who participate in the Department's Drug Abuse Resistance Education
program (Minn. Stat. §609.5315).
2.Destruction.
3.Sale performed in a commercially reasonable manner.
4.Other disposition pursuant to applicable provisions of Minnesota Statutes.
No member of this department may use property that has been seized for forfeiture until the
forfeiture action has been completed and the Hastings Police Department has given written
authorization to retain the property for official use.
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Asset Forfeiture
Members of this department or persons related to members of this department by blood or
marriage are prohibited from purchasing forfeited items sold by this department (Minn. Stat. §
609.5315, Subd. 1(c)).
606.8 REPORT WRITING
Peace officers seizing property must complete a report. All reports must include a description of
the items seized, where the property is turned-in/inventoried, the name of the individual served,
the date the seizure form was served, the name of the serving peace officer and whether or not
the individual signed the Notice of Seizure and Intent to Forfeit Property form.
All reports dealing with seized property will be completed within 24 hours of the seizure when
practically possible.
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