Asset Forfeiture: Seizure, Defense, and Proceeds

This compilation of materials provides a comprehensive overview of asset forfeiture, outlining the legal requirements and procedures for peace officers, as mandated by the Occupations Code, particularly Chapter 1701. It clarifies the philosophy behind forfeiture, emphasizing its aim to deprive criminals of ill-gotten gains rather than serving as additional punishment. The document details definitions of contraband and proceeds, explains various defenses to forfeiture such as the "innocent owner" defense, and covers crucial aspects of the seizure process, including pre-seizure planning and post-seizure custody procedures. Furthermore, it outlines the forfeiture proceedings under CCP 59.04, including requirements f ...