PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.

1
APPENDIX “B”

Issued Date: 08-24-00 Effective Date: 08-24-00 Updated Date: 05-13-15

SUBJECT: FORFEITURE
PLEAC 1.6.1a,b,d,e, 2.7.7

1. BACKGROUND (PLEAC 1.6.1d)

A. Forfeiture is a Civil Law process whereby law enforcement agencies may seize
property if it has some substantial connection to, or has been instrumental in, the
commission of certain crimes, enumerated by statutes, pending review by the
appropriate court. In Pennsylvania, the following are the applicable federal and state
forfeiture laws which are most commonly used:

1. 21 USC 853 Federal Criminal Drug Forfeiture Law

2. 21 USC 881 Federal Civil Drug Forfeiture Law
3. 42 PA CSA 6801, 6802 Pennsylvania State Drug Forfeiture Law

B. The State Drug Forfeiture law provides for the forfeiture of all property used for, aiding
in, or facilitating illegal drug activity as well as any proceeds traceable to illegal drug
activity. After forfeiture, custody and use of such property and proceeds are assigned
to the District Attorney (DA) or the Attorney General. Federal Drug Forfeiture laws
are similar except that seizing law enforcement agencies, such as the Police
Department, can receive forfeited property or proceeds from the federal government.

*2 C. In an effort to avoid any actual impropriety or, equally important, the appearance of
impropriety by sworn members of the Philadelphia Police Department with respect to
asset forfeitures, it shall be the policy of the Philadelphia Police Department to prohibit
all sworn members of the Department from personally benefiting, directly or indirectly
from the forfeiture of any property. Accordingly, sworn members of the Department
shall not personally bid upon, receive, or otherwise use any forfeited property which
they are or have been involved or associated with in their official capacity as law
enforcement officers.

2. POLICY (PLEAC 1.6.1d)

*4 A. The Forfeiture Section of the Narcotics Bureau Intensive Drug Investigations will
ensure that all steps, actions, and procedures necessary to initiate, complete, and obtain
property subject to forfeiture are performed. In addition, this unit will be available to
provide information, to review and analyze documentation, and to assist Departmental
personnel in determining what evidence should be obtained or what methods or
practices should be utilized in identifying or uncovering assets subject to seizure.

DIRECTIVE 5.1 - 1
APPENDIX “B”