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Flashcards in 509 Deck (24)
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1

The authority for the legal seizure of assets is contained in which of the following?

a. Texas Code of Criminal Procedure
b. Texas Motor Vehicle Laws, Article 6687-1, Section 49
c. Various titles of the United States Code
d. All of the above

d. All of the above

2

____ is authorized to enforce the provisions of the Legal Asset Seizure Laws.

a. Asset Seizure
b. Any judge
c. Any peace officer
d. Any supervisor

c. Any peace officer

3

For purposes of this procedure, property is classified as _____.

a. Real property
b. Tangible or intangible personal property, including anything severed from land
c. A document, including money, that represents or embodies anything of value
d. All of the above

d. All of the above

4

Property is seized where: the property is real property, and any improvements, which is used or intended to be used to commit or facilitate the commission of an offense designated by _______.

a. The Penal Code
b. Rules and Regulations
c. Chapter 59 of the Texas Code of Criminal Procedure
d. The United States Code

c. Chapter 59 of the Texas Code of Criminal Procedure

5

Property is seized where: the property is a _____ used to facilitate the commission of applicable offenses.

a. Vehicle
b. Boat
c. Plane
d. All of the above

d. All of the above

6

Property is seized where: the property is _______ which the officer has determined to be the proceeds of a sale, transaction or trade, property or criminal instrument which is used in any way to commit any of the following applicable offenses listed in Subsection .03 C of this procedure.

a. Personal Property
b. Weapons
c. Documents
d. Money
e. All of the above

e. All of the above

7

7. Which of the following does Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things: Used in the commission of:

a. Any first or second degree felony under the Texas Penal Code
b. Any felony under Texas Penal Code Section 15.031(b)
c. Any felony under The Securities Act (Article 581-1 et seq., Vernon’s Texas Civil Statutes)
d. An offense under Chapter 49 (DWI), Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter.
e. All of the above

e. All of the above

8

Which of the following does Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things: Used or intended to be used in the commission of:
a. Any felony under Chapter 481, Health and Safety Code
b. Any felony under Chapter 34, Penal Code
c. Any felony under Chapter 483, Health and Safety Code
d. A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code (Littering), if the defendant has been previously convicted twice of an offense under that subchapter
e. All of the above

e. All of the above

9

Any felony under Texas Penal Code section allows for the seizure of property under Chapter 59 of the Texas Code of Criminal Procedure; except:

a. Evading Arrest
b. Robbery
c. Burglary/Criminal Trespass
d. Computer Crimes
e. Insurance Fraud
f. Arson

f. Arson

10

Officers observing or detecting the presence of items specified in Section .03 of this procedure seize the property according to law. Seizures of personal property occur ____________.

a. Anywhere
b. Only under court order
c. In any place that the officer has a right to be
d. Only under the authority of a search warrant issued

c. In any place that the officer has a right to be

11

Seizure of_____ subject to forfeiture may occur under the authority of a search warrant issued pursuant to Chapter 18.02 (12) of the Texas Code of Criminal Procedure.

a. Any property
b. Personal Property
c. Property involved in the commission of a crime
d. Property subject to forfeiture

a. Any property

12

Seizure of any property subject to forfeiture may be made without a warrant if: _________

a. The owner, operator, or agent in charge of the property knowingly consents
b. The seizure is incident to a search to which the owner, operator, or agent in charge of the property consents
c. The seizure is incident to a lawful arrest, lawful search, or lawful search incident to arrest
d. All of the above

d. All of the above

13

Officers request ___ assistance in all cases of legal asset seizure.

a. The Legal Asset Seizure Detail
b. Supervisory
c. Communications Unit
d. Legal Review

b. Supervisory

14

The Legal Asset Seizure Detail is notified through the Communication unit before officers leave the scene in all potential seizure cases with the exception of_____ which is placed in the Property Room as designated by GM 606, Impounding Property.

a. Vehicles being impounded as criminal instruments
b. Cash money
c. Physical Evidence
d. A & B
e. A & C
f. All of the above

d. A & B

15

Officers document _____ for determining the status of property before the actual seizure of property.

a. Facts and Circumstances
b. Notifications Made
c. Reasonable Suspicion
d. Probable Cause

d. Probable Cause

16

After evaluation of a case involving a vehicle, the _____ prepares SAPD Form # 110 - VH, “Vehicle Detainer For Physical Evidence,” for long-term impoundment pending litigation and coordinates with Vehicle Storage Unit personnel for the transfer of the vehicle from their control area to a separate designated area for this purpose or releases the hold on the vehicle.

a. Supervisor
b. Officer
c. Legal Asset Seizure Detail
d. Growdon Pound Supervisor

c. Legal Asset Seizure Detail

17

Weapons are stored in the ______ with a hold placed for the proper follow up unit.

a. In a facility designated by the Legal Asset Seizure Detail
b. Property Room
c. In the Armory
d. At the Medical Examiner’s Office

b. Property Room

18

The ______ to seized vehicles are also seized and placed into the Property Room as evidence. All personal property must be removed from vehicles by the seizing officer as designated by GM Procedure 607, Impounding Vehicles.

a. Ignition and trunk keys
b. Title
c. Registration
d. Insurance papers

a. Ignition and trunk keys

19

The _______ maintains possession of all seized money and other personal property while subject to the courts’ jurisdiction.

a. Legal Asset Seizure Detail
b. Legal Asset Seizure Detail Supervisor
c. City Attorney’s Office Assigned
d. Bexar County District Attorney’s Office

b. Legal Asset Seizure Detail Supervisor

20

Seized money, pending litigation and release to the Legal Asset Seizure Detail, is deposited into an interest bearing account designated for that purpose by the ____.

a. Legal Asset Seizure Detail
b. Legal Asset Seizure Detail Supervisor
c. City Attorney’s Office Assigned
d. Bexar County District Attorney’s Office

d. Bexar County District Attorney’s Office

21

Court orders commanding the release or other disposition of seized motor vehicles are first routed through the ______.

a. Legal Asset Seizure Detail
b. Legal Asset Seizure Detail Supervisor
c. City Attorney’s Office Assigned
d. Bexar County District Attorney’s Office

a. Legal Asset Seizure Detail

22

Members of the _______ prepare the necessary seizure affidavits in order to secure judgment and forfeiture of seized property under Chapter 59 of the Texas Code of Criminal Procedure.

a. Legal Asset Seizure Detail
b. Legal Asset Seizure Detail Supervisor
c. City Attorney’s Office Assigned
d. Bexar County District Attorney’s Office

a. Legal Asset Seizure Detail

23

The _____ determines whether property awarded under this procedure is: sold at public auction; converted for use by the Department for a law enforcement purpose; or destroyed.

a. Legal Asset Seizure Detail
b. Legal Asset Seizure Detail Supervisor
c. Chief of Police
d. Bexar County District Attorney’s Office

c. Chief of Police

24

In the case of property disposed at public auction, the property is sold in a manner consistent with existing administrative policies of the _____.

a. Finance Department and the Purchasing and General Services Department of the City of San Antonio
b. Chief of Police
c. Legal Asset Seizure Unit
d. Bexar County District Attorney’s Office

a. Finance Department and the Purchasing and General Services Department of the City of San Antonio