As previously reported by the IACP, in January 2015, the U.S. Department of Justice (DOJ) set forth a new policy prohibiting federal adoptive forfeiture, or “adoptions,” of assets seized by state and local law enforcement agencies, with a limited public safety exception. Adoptions occur when a state or local law enforcement agency seizes property pursuant to state law and requests that a federal agency “adopt” or seize the assets under federal law. In return, federal authorities keep a portion of the proceeds and return a portion to the state and local law enforcement agencies for their work in making the seizure.
The limited public safety exceptions precluded from adoptions includes property seized by state or local law enforcement that directly relates to public safety concerns, including firearms, ammunition, explosives, and property associated with child pornography.