HomeMy WebLinkAboutState of California - CHP - Sharing of Seized Forfeited Assets of Narcotics Traffickers
GILROY POLICE DEPARTMENT/
CALIFORNIA HIGHWAY PATROL
AGREEMENT FOR THE SHARING OF SEIZED FORFEITED ASSETS OF NARCOTICS
TRAFFICKERS
HISTORY:
Since 1984, law enforcement agencies in the State of California
have been able to seize and forfeit assets utilized in the
illegal trafficking of narcotics. Frequently, those seizures are
the result of contacts by uniformed patrol officer. When a
contact and subsequent seizure is made as a result of a patrol
stop the Narcotics Unit of the respective jurisdiction usually
assists in completing the forfeiture process as well as any
investigation that arises from the incident. This causes a need
to develop a procedure to utilize as a guideline in determining
how the forfeited assets should ultimately be shared.
PURPOSE:
The purpose of this document is to formalize and verify in
written form that the Gilroy Police Department and the California
Highway Patrol have agreed to a procedure to be utilized when
sharing assets seized by and forfeited to the California Highway
Patrol when in jurisdiction of the Chief of the Gilroy Police
Department.
AGREEMENTS:
It is agreed that when a California Highway Patrol officer makes
a stop in the jurisdiction of the Chief, and that contact results
in a seizure of illegal assets the Chief may be called upon to
assist in the forfeiture process and any subsequent narcotics
related investigation. It is further agreed that he Chief or his
designee, will, upon request, assume responsibility for and will
complete law enforcement's requirements in the forfeiture
process. The Chief, or his designee and the Commander of the
HOllister-Gilroy Office of the Highway Patrol, or his designee,
will jointly make decisions on the viability of each forfeiture
action.
Upon completion of the forfeiture process the forfeited assets
will be distributed as follows:
1. The distribution of all forfeited assets will comply with
requirements set forth in the Health and Safety Code and the
united States Code; depending under which authority the seizure
and subsequent forfeiture was made.
2. Of the value of property forfeited to the seizing law
enforcement agencies, up to a MAXIMUM of 25% will be shared back
to the California Highway Patrol.
3. After the seized property is forfeited the percentage of
value to be shared with the California Highway Patrol, up to 25%,
shall be determined by the Chief or his designee and the
Commander of the Hollister-Gilroy Office of the California
Highway Patrol or his designee, on a case by case basis.
TERMINATION OF AGREEMENT:
Either participating agency desiring to terminate its
participation in this agreement shall indicate such intent in
writing and supply same to the other agency head,
(Chief/Commander of the Hollister-Gilroy Office of the California
Highway Patrol). The termination of participation in this
agreement by such agency shall be deemed to take effect not less
than thirty (30) days following the first day of the receipt of
the written communication of the intent to terminate.
SIGNATURES:
The undersigned represents that he/she has the authority to
execute this agreement on behalf of the agency that they
represent. In signing of this formal agreement the undersigned
represents and concurs with the establishment of a MEMORANDUM OF
AGREEMENT relating to asset seizure and forfeiture of narcotics
traffickers as set forth in this agreement and for the period and
purposes as stated herein.
California Highway
Patrol
L/
Commander:
Da te: t - 7- 'f j
Gilroy
Police Department
Chief:
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