FHP POLICY 17.04, 1703,14.03, 12.03- PROMTIONAL EXAM

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MMCNEELY
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194606
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FHP POLICY 17.04, 1703,14.03, 12.03- PROMTIONAL EXAM
Updated:
2013-01-24 10:42:28
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POLICY
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  1. VEHICLE - Every device in, upon or by which any person or property is, or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks
  2. Members are not permitted either while on duty or on off-duty police employment or non-police employment to investigate or reconstruct a traffic crash that has been previously investigated by another member of this Division or another law enforcement agency unless specifically authorized to do so by the Troop Commander.
  3. Troop Commanders shall implement a system of accountability for the receipt and issuance of all citations
  4. Troop Commanders will designate an employee to be responsible for the daily supervision of the system of citation accountability and issuance within the troop or district.
  5. The Chief Technology Officer, or designee shall be responsible for the receipt and distribution of all e-citation books.
  6. Faulty Equipment Notice -

    More than one violation can be shown on the form, but credit for only one faulty equipment notice is to be shown on the Report of Daily Activity.
  7. Written Warning -

    Only the most serious violation is to be shown and only one warning notice for each warning issued will be recorded on the Report of Daily Activity.
  8. The printed Court Complaint copy containing the violator’s signature (if the signature is required) shall be transmitted to the traffic violations bureau within five days from the issuance to the violator
  9. If another agency requests that information not be disseminated, the request will be immediately forwarded through the chain of command to the Troop Commander and Chief PAO.  The Troop Commander and Chief PAO will determine whether to release the information.
  10. News media representatives should not be prevented from access to any area solely because of the possibility of their injury or death.  If this is the only consideration, the media representative should be advised of the danger and allowed to make the decision to enter on his/her own volition.
  11. Following their shift,

    if the employee’s vehicle will be secured in a locked garage, all MDC equipment may remain in the vehicle. 

    If an employee’s vehicle will not be secured in a locked garage, the MDC will be removed from the vehicle and stored in their residence or locked office.
  12. MDC equipment is not to be stored in the trunk of an automobile.
  13. In an emergency it may become necessary for a user to share a user-ID and password with another person.  In such cases, the user sharing the password has full responsibility for the use of the MDC by the person with whom the user-ID and password have been shared and at the earliest possible time, will change or cause his/her password to be changed.
  14. The MDC will be turned on and the user logged into the SmartMCT Mobile Application on their MDC at all times that a member is operating the vehicle. 

    Members on out of area assignment trips may elect not to leave the MDC on however, will activate and log onto the MDC upon return to their assigned Troop


    Members on special assignment in areas that are MDC compatible will have the unit turned on at all times when they are in their car.
  15. CONTRABAND SEIZURE 

    To be considered contraband, the seizing member must have probable cause to believe that the property seized was used in violation of Sections 932.701-705, Florida Statutes, known as the Florida Contraband Forfeiture Act

    Any felony committed can be used as the basis for forfeiture

    Examples include:
    *VIN, title or odometer fraud;
    *drug felonies;
    *driver license felonies (i.e., fraudulent DL, *habitual traffic offender, permanent revocation, 3rd DWLSR);
    *DUI felonies (i.e., 4th DUI, manslaughter); leaving the scene of a *crash with injury or death;
    *felony fleeing and eluding;
    *aggravated battery with a motor vehicle; *attempted murder with a motor vehicle; etc.
  16. The property will be submitted to the E/P control function , along with a copy of a preliminary report prior to the end of the seizing member’s shift.
  17. Within 72 hours following the seizure of contraband currency and/or property, the District Lieutenant will ensure that a preliminary report, completed by the seizing member using the FHP 72 Hour Seizure/Forfeiture Report form (HSMV 61915), is forwarded via the District Commander and Troop Commander to the appropriate Deputy Director.
  18. This report should provide a synopsis of the seizure and include the following information: 

    1.         Assigned case number.

    2.         Amount of currency seized. (if applicable)

    3.         Other property seized.

    4.         Connection of the contraband to criminal activity.

    5.         Date and time of seizure.

    6.         Purpose of seizure (i.e., evidence, abandoned, forfeiture, etc.) (Specify contraband or unclaimed property).

    7.         Criminal history of all parties involved.

    8.         Seizing member.

    9.         For THI and BOI investigations: If the property is seized before the investigation is completed, a copy of a Probable Cause Affidavit (HSMV 60006) must be forwarded as an attachment.
  19. If there is probable cause to believe that the vehicle/property was used in violation of the Florida Contraband Forfeiture Act, the vehicle/property must be seized.  

    The decision whether to proceed with forfeiture rests solely with the appropriate Deputy Director.  

    Upon receipt of the preliminary report, the Deputy Director’s Office will promptly forward a copy of its response to the Office of General Counsel and the appropriate Troop Commander.  
  20. At the time of seizure, the member who seized the property shall provide a copy of the Notice of Seizure and Right to Adversarial Preliminary Hearing Form (HSMV 61023) to persons known to have an interest or claim to the property, as provided in section 932.701(2)(e), Florida Statutes. 

    If such a person is present, the form shall be completed and hand delivered.

    If the person is not present, the notice shall be forwarded by the member, by certified mail, return receipt requested, within five working days of the seizure to the registered owners, co-owners, titleholders, bona fide lienholder or any other person that claims an ownership interest in the property.
  21. Whenever the notice is mailed and the “return receipt request” is returned to FHP, the District Lieutenant shall ensure that a copy is immediately forwarded to the Office of General Counsel.
  22. The seizing member shall make a diligent effort to determine ownership of the seized property, including identification of any registered owner(s) or bona fide lien holder(s).
  23. The District Lieutenant shall promptly review the probable cause supporting each seizure and shall determine the validity of documentation used to verify ownership and that notice was given to every person with an ownership interest or claim to the property seized.
  24. The member seizing the contraband or other property will complete a Felony Forfeiture Report packet and forward it through the chain of command to the District Commander within five days of the seizure.  
  25. The seizing member will forward the forfeiture report to the District Lieutenant within three days from the date of the decision to proceed with forfeiture. 

    Within five days from the date of the decision to proceed with forfeiture, the District Lieutenant will review the entire packet for completeness, legibility, and accuracy and forward to the District Commander.
  26. The original report and exhibits will be retained in the district office with a copy being forwarded to the appropriate Deputy Director through the chain of command within 10 days of the arrest/seizure
  27. The appropriate Deputy Director, in coordination with the Office of General Counsel will make the final decision whether or not to pursue forfeiture proceedings.
  28. If the decision is made to file forfeiture proceedings, the Deputy Director will furnish the Office of General Counsel with the arrest reports and all other information required to file for forfeiture.
  29. The amount of proceeds expected to be realized from the sale of a vehicle after the lien has been paid should amount to at least $2,500 in order to justify the costs of litigation.  A vehicle shall be in good condition.
  30. Vehicles subject to forfeiture shall be stored in a secure storage facility.     It is recommended that all seized vehicles are initially towed to a Vehicle Impound Facility or another governmental agency's lot that will not assess storage costs against FHP. 
  31. If the vehicle is initially towed to a wrecker company’s impound lot, a hold will be placed on the vehicle; however, the hold shall not continue beyond five working days


    The vehicle owner is responsible only for towing and storage charges incurred within the initial five-day period.

    If the vehicle was initially towed to the wrecker company’s impound lot, and forfeiture is pursued, the District Lieutenant will ensure that the wrecker company tows the vehicle to the designated Vehicle Impound Facility within 72 hours of seizure. 
  32. Vehicles will not be released to the owner from the FHP authorized storage facility, under any circumstances, without proof of payment of the tow bill. 
  33. If forfeiture will not be pursued, the District Lieutenant will be responsible for having the DMV and towing holds released.
  34. The member who is primarily responsible for seizing the vehicle shall assist the Office of General Counsel, or contract counsel representing the Department, in the forfeiture proceedings. 
  35. After receiving written notification of the court order that a vehicle has been awarded to the Division, the appropriate Deputy Director shall within 72 hours prepare a memorandum to the Fleet and Property Management Section advising them as to whether the vehicle is to be used by the Division, or disposed in accordance with Section 932.7055, Florida Statutes. 
  36. The amount of currency seized shall be at least $2,500 in order to pay the cost of litigation, unless extenuating circumstances exist.
  37. The member must ensure that any person in possession of currency, who disavows ownership of the currency and waives any claim to the currency, completes the Waiver of Claim to Assets and Waiver of Right to Notice of Seizure (HSMV 61076).
  38. In all cases involving seized currency and criminal charges, the District Commander, or his designee, shall request from the assistant state attorney, approval to deposit the seized currency into a FHP authorized bank account. 
  39. If no criminal charges are made, or the currency is considered unclaimed or abandoned property, no prior approval by the state attorney's office is necessary in order to deposit the currency.
  40. In the case of unclaimed property, such as currency or jewelry,
    Currency shall be deposited in a FHP authorized account.  Jewelry or other valuables shall be securely stored in the EPR or safe deposit box.
  41. If currency or jewelry is unclaimed for 30 days from the date of seizure, the E/P custodian, via the District Commander and Troop Commander, shall advise the appropriate Deputy Director within 72 hours that the property remains unclaimed.  The E/P custodian shall forward a memorandum, via the chain of command, to the Chief of the Bureau of Accounting, of the efforts made to locate the owner. 
  42. Upon approval for the deposit of confiscated currency, three deposit slips should be completed and taken with the currency to the designated bank.  The corresponding case number and E/P control number shall be written in the lower left-hand corner of the deposit slip.
  43. All copies of the deposit slip shall be validated by the bank.  One copy will be retained by the bank and two copies will be forwarded to General Headquarters along with the case file.  The appropriate Deputy Director will then forward one copy of the deposit slip to the Bureau of Accounting, Fixed Assets and Inventory Section, along with other pertinent information.


    On the day of the deposit, an e-mail shall be sent to the appropriate Deputy Director

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