City of Inglewood, CA SEIZURE AND FORFEITURE OF VEHICLES

Vehicles subject to forfeiture under this Article may be seized by any peace officer upon process issued by any court having jurisdiction over the property. Seizure without process may be made if any of the following situations exist:

The seizure is incident to an arrest or a search under a search warrant.

There is probable cause to believe that the property was used in violation of this Article.

All potential claimants shall have a right to a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within five business days of the request for the hearing. The City may authorize an employee to conduct the hearing, provided that the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant(s) to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure require.

The notice of seizure shall include the following:

(i)

The name, address and telephone number of the agency providing the notice;

(ii)

The authority and reason for the seizure;

(iii)

A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and

(iv)

The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

(c)

A vehicle that has been reported stolen, prior to a seizure under this Article shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within sixty days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.

(Ord. 04-19 7-20-04; Ord. 04-25 12-7-04)

§ 3-124 Receipts for Vehicles.

Receipts for vehicles seized pursuant to this Article shall be delivered to any person out of whose possession such vehicle was seized, in accordance with Section 1412 of the Penal Code.

(Ord. 04-19 7-20-04; Ord. 04-25 12-7-04)

§ 3-125 Property Held for Evidence.

Property seized pursuant to Section 3-123, where appropriate, may be held for evidence. The District Attorney or City Attorney shall institute and maintain the proceedings.

(Ord. 04-19 7-20-04; Ord. 04-25 12-7-04)

§ 3-126 Petition for Forfeiture.

Except as provided in subsection (g) of this Section, if the District Attorney or City Attorney determines that the factual circumstances warrant that the vehicle described in Section 3-120 is subject to forfeiture, the District Attorney or City Attorney shall file a petition for forfeiture with the Branch of the Superior Court of Los Angeles County closest in geographic proximity to the City of Los Angeles.

A petition for forfeiture under this subsection shall be filed as soon as practicable, but in any case within one year of the seizure of the property which is subject to forfeiture.

(c)

The District Attorney or City Attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Superior Court of Los Angeles County, to be served by personal delivery or by registered mail upon any person who has an interest in the seized vehicle. Whenever a notice is delivered pursuant to this Section, it shall be accompanied by a claim form that is filed and served in compliance with the method described in Section 3-127.

(d)

An investigation shall be made by the Inglewood Police Department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate Federal agency. If the Inglewood Police Department finds that any person, other than the registered owner, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall forthwith send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate Federal agency.

(e)

All notices shall set forth the time within which a claim of interest in the property seized or subject to forfeiture is required to be filed pursuant to Section 3-127.

(f)

With respect to vehicles described in Section 3-120 for which forfeiture is sought and as to which forfeiture is contested, the City shall have the burden of proving beyond a reasonable doubt that the vehicle was used to: (1) solicit acts of prostitution; or (2) acquire or attempt to acquire any controlled substance; or (3) transport any bulky item, any hazardous waste or solid waste for the purpose of illegal dumping; or (4) violate Inglewood Municipal Code Section 5-37; or (5) illegally transports or illegally carries concealed within a vehicle or illegally carries concealed upon the person of someone that was inside the vehicle an illegally concealed, loaded or unregistered pistol, revolver or other firearm. Trial shall be before the court or jury. The presiding judge of the Branch of the Superior Court in which the petition for forfeiture is brought shall assign the action brought pursuant to this Article for trial.

A judgment of forfeiture requires as a condition precedent thereto that the defendant be convicted of the underlying or related criminal action that led to the vehicle's forfeiture.

If the court or jury finds that the seized property was used for a purpose for which forfeiture is permitted, but does not find that a person claiming an interest therein, to which the court has determined he or she is entitled, had actual knowledge that the seized property would be or was used for a purpose for which forfeiture is permitted and consented to that use, the court shall order the seized property released to the claimant.

(3)

No interest in a vehicle which may be lawfully driven on the highway may be forfeited under this Article if there is a community property interest in the vehicle by a person other than the defendant and the vehicle is the sole vehicle available to the defendant's immediate family.

(g)

The District Attorney or City Attorney may, pursuant to this subsection, order the forfeiture of vehicles seized under this Article. The District Attorney or City Attorney shall provide notice to the Court and interested parties of the proceedings under this subsection to the court and interested parties, including:

A description of the vehicle;

The date and place of seizure;

(3)

The violation of law alleged with respect to forfeiture of the property;

(4)

The instructions for filing and serving a claim with the District Attorney or City Attorney pursuant to Section 3-127 and time limits for filing a claim.

If no claims are timely filed, the District Attorney, or City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the property in accordance with Section 3-128. A written declaration of forfeiture signed by the District Attorney or City Attorney under this Section shall be deemed to provide good and sufficient title to the forfeited property. The District Attorney or City Attorney ordering forfeiture pursuant to this subsection shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

If a claim is timely filed, then the District Attorney or City Attorney shall file a petition for forfeiture pursuant to this Section within thirty days of the receipt of the claim.

(Ord. 04-19 7-20-04; Ord. 04-25 12-7-04)

§ 3-127 Claim of Interest in Property.

Any person claiming an interest in the vehicle seized pursuant to Section 3-120 must within ten days from the date of the notice of seizure, file with the Superior Court of Los Angeles County a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the property. An endorsed copy of the claim shall be served by the claimant on the District Attorney or City Attorney within ten days of the filing of the claim.

If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than thirty days therefrom.

The hearing shall be before the Court.

(3)

The provisions of the Code of Civil Procedure shall apply to proceedings under this Article unless otherwise inconsistent with the provisions or procedures set forth in this Article. However, in proceedings under this Article, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or crosscomplaints, and the issues shall be limited strictly to the questions related to this Article.

(Ord. 04-19 7-20-04; Ord. 04-25 12-7-04)

§ 3-128 Proceeds from Sale of Property.

In all cases where vehicles pursuant to this Article are forfeited to the City, the vehicles shall be sold or a cash settlement shall be paid in lieu of forfeiture of the vehicle. The proceeds of sale or settlement shall be distributed and appropriated as follows:

To the bona fide or innocent purchaser, conditional sales vendor, mortgagee or lien holder of the property, if any, up to the amount of his or her interest in the property, when the Court or District Attorney or City Attorney declaring the forfeiture orders a distribution to that person;

To the District Attorney or City Attorney for all expenditures made or incurred by it in connection with the publication of the notices set forth in Section 3-126, and the sale of the vehicle, including expenditures for any necessary repairs, storage, or transportation of any vehicle seized under this Article;

(c)

The remaining funds shall be distributed as follows:

Fifty percent to the local law enforcement entities that participated in the seizure distributed so as to reflect the proportionate contribution of each agency;