Basically, an administrative forfeiture begins
when a federal law enforcement agency with
statutory authority in a given area (DEA in a drug
NOVEMBER 2007 UNITED STATES ATTORNEYS ' BULLETIN 13
case, FBI in a fraud case, ATF in a firearms case)
seizes property discovered in the course of an
investigation. The seizure must be based on
probable cause to believe that the property is
subject to forfeiture and generally must be
pursuant to a judicial warrant. There are,
however, numerous exceptions authorizing
warrantless seizures, such as when property is
seized in the course of an arrest, or the property is
mobile, making the delay involved in obtaining a
warrant impractical. See 18 U.S.C. § 981(b); see
also Florida v. White, 526 U.S. 559, 564-65
(1999) (warrantless seizure of automobile did not
violate the Fourth Amendment where there was
probable cause to believe the automobile was
subject to forfeiture and found in a public place).
Basically, an administrative forfeiture beginswhen a federal law enforcement agency withstatutory authority in a given area (DEA in a drugNOVEMBER 2007 UNITED STATES ATTORNEYS ' BULLETIN 13case, FBI in a fraud case, ATF in a firearms case)seizes property discovered in the course of aninvestigation. The seizure must be based onprobable cause to believe that the property issubject to forfeiture and generally must bepursuant to a judicial warrant. There are,however, numerous exceptions authorizingwarrantless seizures, such as when property isseized in the course of an arrest, or the property ismobile, making the delay involved in obtaining awarrant impractical. See 18 U.S.C. § 981(b); seealso Florida v. White, 526 U.S. 559, 564-65(1999) (warrantless seizure of automobile did notviolate the Fourth Amendment where there wasprobable cause to believe the automobile wassubject to forfeiture and found in a public place).
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