UNITED STATES DISTRICT COURT
DISTRICT OF
UNITED STATES OF AMERICA,
PLAINTIFF,
v. CIVIL NO.
ONE PARCEL OF PROPERTY
LOCATED AT:
WITH ALL
APPURTENANCES AND
IMPROVEMENTS THEREON,
DEFENDANT
WARRANT OF ARREST IN REM
To the United States Marshal for the __________ District of:
WHEREAS, a verified complaint of forfeiture has been filed on
[2], in the United States District Court for the __________
District of __________, alleging that the real property and premises
located at [3], with all appurtenances and improvements thereon,
more specifically described in Exhibit A, attached hereto and fully
incorporated herein by reference, [[4a] was used or intended to
be used in any manner or part to commit or to facilitate the commission
of a violation of Title II of the Controlled Substances Act, 21 U.S.C.
§§ 801 et seq., punishable by more than one (1)
year's imprisonment and is, therefore, subject to seizure and forfeiture
to the United States pursuant to 21 U.S.C. § 881(a) (7).)
[[4b] constitutes proceeds traceable to the exchange of
controlled substances in violation of Title II of the Controlled
Substances Act. 21 U.S.C. §§ 801 et seq.] and is,
therefore, subject to seizure and forfeiture to the United States
pursuant to 21 U.S.C. § 881(a) (6).
And, the Court being satisfied that based on the verified complaint
of forfeiture there is probable cause to believe that the real property
and premises so described was so used or intended for such use, and that
grounds for application for issuance of a seizure warrant exist, title
having vested in the United States by operation of law;
YOU ARE, THEREFORE, HEREBY COMMANDED to arrest and seize said
property, entering said property far the purpose of determining the
physical condition of the property at the time of the seizure, and to
maintain custody of said property as provided by 19 U.S.C. § 1605
until further order of this Court respecting the same. The United States
Marshals Service shall use its discretion and whatever means appropriate
to protect and maintain said defendant property.
YOU ARE FURTHER COMMANDED TO POST upon said real property in an open
and visible manner notice of such seizure at the time thereof, making
the government's seizure open and notorious;
AND FURTHER TO SERVE upon the record owner thereof a copy of this
warrant in a manner consistent with the principles of service of process
of an action in rem under the Supplemental Rules For
Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure,
within a reasonable time of seizure;
The United States Marshal shall have at his discretion the authority
to dispose of, by any means available, perishable, contaminated,
flammable, explosive, or violable items. An inventory will be kept as to
those items and the method of disposal.
[[5]All persons, animals, and property located within the
premises and not subject to seizure pursuant to this Order shall be
removed from the premises no later than __________. Such removal shall
be accomplished making due provisions for the rights of innocent
parties.]
AND UPON APPLICATION of the plaintiff, United States of America, and
pursuant to the All Writs Act, 28 U.S.C. § 1651(a), the Court shall
issue any order necessary to effectuate and prevent the frustration of
the execution of this warrant;
[[6]FURTHER, IT IS HEREBY ORDERED that the occupants of said
real property and premises described in Exhibit A, if there be any, upon
execution of this seizure warrant, acknowledge in writing the seizure of
said property and service of this warrant, [7] and quit the
premises no later than ________[8].]
It is further ORDERED that the owners and occupants of the defendant
property not make any changes or improvements whatsoever to said
property without the written consent of the United States Marshal.
[[9]The United States Marshal, at his discretion, shall be
accompanied by federal, state, or local law enforcement officers to
assist him in the execution of this Warrant.s
A RETURN of this warrant shall be promptly made to the Court
identifying the individuals upon whom copies were served and the manner
employed, and a statement as to the satisfaction of the orders herein
issued.
All persons claiming an interest in said property shall file their
claims within ten (10) days after the execution of the Warrant or notice
of this seizure, whichever occurs first, pursuant to Rule C of the
Supplemental Rules for Certain Admiralty and Maritime Claims, and shall
serve and file their answers within twenty (20) days after the filing of
the claim with the Office of the Clerk, United States District Court,
__________, __________, __________, with a copy thereof sent to
Assistant United States Attorney ___________.
Additional procedures and regulations regarding this forfeiture
action are found at 19 U.S.C. §§ 1602-1619, and Title 21, Code
of Federal Regulations (C.F.R.), Sections 1316.71-1316.81. All persons
and entities who have an interest in the defendant property may, in
addition to filing a claim or in lieu of the filing of a claim, submit a
Petition for Remission or Mitigation of the forfeiture for a nonjudicial
determination of this action pursuant to 28 C.F.R. Part 9.
Dated this __________ day of __________, 19 __________.
_____________________________
UNITED STATES DISTRICT JUDGE
COMMENTS
Note that there is no "[ ]" to the right of the Civil Number on
this form. Generally, this document is prepared and filed prior to this
number being available.
This alternative warrant may be used in those districts where
either policy or judicial decision requires an ex parte
determination of probable cause before the issuance of a Rule C warrant
for the arrest of real property. This warrant eliminates the need for a
Writ of Entry For Inspection, Code: INSPECT.WRT, since it constitutes a
court order authorizing the entry onto the property by the United States
Marshal. It also eliminates the need for a motion for authorization for
the appointment of a substitute custodian, since it specifically
authorizes the United States Marshal to hire anyone necessary to assist
him in the maintenance of the property.
[5 and 8][Optional) These provisions can be extremely
controversial and the decision to evict should in all instances be
reserved by the United States Attorney and the United States Marshal
based upon judicial and public climate weighed against the best interest
of the case.
[6] A signed acknowledgement will eliminate subsequent issues
of notice and may be used in support of an order to vacate the property.
[8][Optional] to be used in conjunction with #5.
[9][Optional) This has been added in response to the
U.S. v. Ladson, 774 F.2d 436 (11th Cir. 1985) and U.S.
v. Showalter, 858 F.2d 149 (3d Cir. 1988), decisions and provides
explicit authority for the United States Marshal to be assisted in the
execution of the warrant when, for example, there is a potential for
violence or where numerous tenants need to be interviewed.
"Posting" the property. In a few instances it may not be advisable to
make the seizure open and notorious, e.g., when the building is occupied
solely by innocent tenants.
Where the seized property is vacant, you may want to include this
paragraph:
If the property seized is vacant, or becomes vacant, the United
States Marshal, or any of his agents, shall, in addition to an
inspection, secure the premises and inventory the contents of the
premises to the extent the United States Marshal deems appropriate, and
take such action as the United States Marshal or his agents deem
necessary to protect the personal property of the owner or the former
tenants of the property.
Where it is anticipated that occupants of the seized property will
request to remove their non-forfeitable personal property, you bay want
to include this paragraph:
When the seizure of the real estate property includes the contents,
the occupants will be given the opportunity to remove from the location
all of their personal belongings. A Deputy United States Marshal will
accompany the occupants during the collection and packing of these
belongings to ensure that only personal articles are removed from the
location and to provide security for government agents and other seized
assets. After the identification, collection, and removal of the
personal belongings by the occupants, the occupants shall depart the
location pursuant to the Order to Vacate.
Where it would be desirable to rent or lease the seized property
during the pendency of the forfeiture action, you may want to include
this paragraph:
The United States Marshals Service, or any of its authorized agents
or designees, shall have at its discretion the authority to rent/lease
any vacant seized properties. Continued vacancy may result in
deterioration and a diminished value to said property. The rental or
leasing shall help assure any claimants and the United States Marshals
Service that the property's value and integrity shall be maintained in
at least the same condition as existed at the time of seizure.
[cited in Criminal Resource Manual 2212] |