- A. Law enforcement is the principal objective of forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens.
- B. A prosecutor's or sworn law enforcement officer's employment or salary shall not be contingent upon the level of seizures or forfeitures he or she achieves.
- C. Whenever practical, and in all cases involving real property, a judicial finding of probable cause shall be secured when property is seized for forfeiture. Seizing agencies shall strictly comply with all applicable legal requirements governing seizure practice and procedure.
- D. A judicial finding of probable cause must be secured as provided by law.
- E. Seizing entities shall have a manual detailing the statutory grounds for forfeiture and all applicable policies and procedures.
- F. The manual shall include procedures for prompt notice to interest holders, the expeditious release of seized property where appropriate, and the prompt resolution of claims of innocent ownership.
- G. All property forfeited must be sold at public sale, and the proceeds distributed according to law.
- H. Unless otherwise provided by law, forfeiture proceeds shall be maintained in a separate fund or account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures.
- I. Seizing agencies shall strive to ensure that seized property is protected and its value preserved.
- J. Seizing entities shall avoid any appearance of impropriety in the sale or acquisition of forfeited property.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1204 and R.S. 15:1207.
Historical Note
HISTORICAL NOTE: Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, LR 24:935 (May 1998), repromulgated LR 32:83 (January 2006).