2211

Pre-Seizure Judicial Review

Pre-seizure judicial authorization of property seizures serves multiple purposes, including the following: allows neutral and detached judicial officers to review the basis for seizures before they occur; enhances protection for Departmental officers against potential civil suits claiming wrongful seizures; and reduces the potential that the public will perceive property seizures to be arbitrary and capricious. Consequently, whenever practicable, Department of Justice officials should obtain ex parte judicial approval prior to seizing personalty. (This policy does not apply in circumstances where the owner of the property has consented to forfeiture of the property, e.g., if the owner has agreed to the forfeiture in connection with a plea agreement. Neither does it apply to the adoption for federal forfeiture of property previously seized by state or local law enforcement agencies.) [cited in USAM 9-111.130]