HomeMy WebLinkAbout(2017, 03/14) - F-10 - AmendedF-10
CIVIL ASSET FORFEITURE AND SEIZURE POLICY
A. This policy applies to all forfeited or seized assets in the City of Newport Beach in
the form of currency, real estate, automobiles, boats, aircraft, or any other items of
value ("Forfeited Assets").
B. The use of civil asset forfeitures and seizures of items and funds is regulated by all
applicable Federal and State laws. At a minimum, the use of Forfeited Assets shall
comply with all applicable Federal, state, and local laws, rules, and regulations.
Furthermore, any Forfeited Assets converted for Police Department use shall
supplement, not supplant, existing departmental equipment and funds.
C. The use of Forfeited Assets shall be for law enforcement purposes only.
D. All Forfeited Assets shall be maintained in a Asset Forfeiture Account specifically
designed for that purpose.
E. All funds derived from the sale of any Forfeited Assets shall be placed in the Asset
Forfeiture Account.
F. The City of Newport Beach recognizes the taking of property due to alleged
criminal wrongdoing is entitled to the same legal protection as the taking of a
person into custody for alleged criminal wrongdoing. The Fifth Amendment to the
United States Constitution requires due process of law before a person be deprived
of "life, liberty, or property."
G. The City of Newport Beach also recognizes that the California Legislature passed
new legislation, which starting January 1, 2017, effectively requires a conviction
prior to forfeiture in any state case where the items seized are cash under $40,000 or
other property such as homes and vehicles regardless of value.
H. The City of Newport Beach will not accept any Forfeited Assets - no matter the
value or type - unless due process has been afforded and unless all applicable
Federal, state, and local laws, rules, and regulations have been followed.
I. All expenditures of funds derived from Forfeited Assets shall be processed through
the City of Newport Beach's normal budgeting procedures and shall be subject to
normal auditing and accounting reviews.
J. The Newport Beach Police Department shall ensure that persons from whom the
Department seizes assets are provided with appropriate documents that explain a
person's ability to dispute the seizure.
K. The Newport Beach Police Department shall comply with this City Council Policy
F-10 by adopting an appropriate Asset Forfeiture Policy within its internal policy
manual.
City Council Policy F-10
Page 2 of 2
L. The Chief of Police shall report to the City Manager quarterly on the status and use
of all Forfeited Assets. The City Manager shall report to the City Council at least
annually on the status, use, and disposition of all Forfeited Assets.
Adopted - January 11, 1993
Amended - January 24,1994
Amended - March 14, 2017
Formerly F-27