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    RCW 10.105.010 Seizure and Forfeiture.

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    Finally Home Rescue
    This document summarizes Washington state law regarding the seizure and forfeiture of personal property related to criminal activity. It states that personal property used in the commission of a felony is subject to seizure and forfeiture, including vehicles, money and other items. For forfeiture to occur, the owner of the seized property must first be convicted of a felony connected to the property. The law enforcement agency must notify the property owner of the seizure within 15 days and include intended forfeiture. If no claim of ownership is made within 45 days, the property is deemed forfeited. If a claim is made, the claimant has a right to a hearing to argue their claim of lawful ownership.

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    RCW 10.105.010 Seizure and Forfeiture.

    Uploaded by

    Finally Home Rescue
    127 views2 pages
    This document summarizes Washington state law regarding the seizure and forfeiture of personal property related to criminal activity. It states that personal property used in the commission of a felony is subject to seizure and forfeiture, including vehicles, money and other items. For forfeiture to occur, the owner of the seized property must first be convicted of a felony connected to the property. The law enforcement agency must notify the property owner of the seizure within 15 days and include intended forfeiture. If no claim of ownership is made within 45 days, the property is deemed forfeited. If a claim is made, the claimant has a right to a hearing to argue their claim of lawful ownership.

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    This document summarizes Washington state law regarding the seizure and forfeiture of personal property related to criminal activity. It states that personal property used in the commission of a felony is subject to seizure and forfeiture, including vehicles, money and other items. For forfeiture to occur, the owner of the seized property must first be convicted of a felony connected to the property. The law enforcement agency must notify the property owner of the seizure within 15 days and include intended forfeiture. If no claim of ownership is made within 45 days, the property is deemed forfeited. If a claim is made, the claimant has a right to a hearing to argue their claim of lawful ownership.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    127 views2 pages

    RCW 10.105.010 Seizure and Forfeiture.

    Uploaded by

    Finally Home Rescue
    This document summarizes Washington state law regarding the seizure and forfeiture of personal property related to criminal activity. It states that personal property used in the commission of a felony is subject to seizure and forfeiture, including vehicles, money and other items. For forfeiture to occur, the owner of the seized property must first be convicted of a felony connected to the property. The law enforcement agency must notify the property owner of the seizure within 15 days and include intended forfeiture. If no claim of ownership is made within 45 days, the property is deemed forfeited. If a claim is made, the claimant has a right to a hearing to argue their claim of lawful ownership.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
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    RCW 10.105.010 Seizure and forfeiture.

    (1) The following are subject to seizure and forfeiture and no property right exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, security, or negotiable instrument, which has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, or which was furnished or was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in part with proceeds traceable to the commission of a felony. No property may be forfeited under this section until after there has been a superior court conviction of the owner of the property for the felony in connection with which the property was employed, furnished, or acquired. (3) In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. (4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure, the item seized shall be deemed forfeited. (5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized property within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed

    shall be the district court when the aggregate value of the property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the property involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. The seizing law enforcement agency shall promptly return the property to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.

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