HomeMy WebLinkAbout0438.093(I)', . .
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Ausust 5, 1993
HONORABLE CiTY COUNCIL
Palo Alto, California
MW Seizure· Expenditure of Funds.
Membe" of me Council;
Report in Brief
7
Council action is requested to approve an expenditure of $4,000 from the Asset Seizure
Fund 10 cover the cost of narcotic detection training for two Pofice Department canines.
BackgrQund
On january I, 1989, Californi. Heallh .nd Safety (H & 5} Code Section 11470 became
effective. Commonly referred to .s the Slate's narcotics and fOffeiturest.tute, H & 511470
facilitates the effectjye seizing and forfeiting of property and money associated with drug
traffick i ng. Ttle seizu re process typica I Iy occu rs du ring an arrest or search warrant service
related to l1arcoocs trafficking.
The legislation stipulates thai 5~ized Pf"Cl..-erty funds are not 10 be used to defer normal
ope<aling e><pen ... , but should be used for special purchases and pmiects assoclated wim
law mforcement activities , especially related to drug enforc:ement
In S.mla Clara County, a Deputy Distrid Attorney is spedfically assigned to handle asset
forfeiture cases and to help lOCiaI agencies properly process their cases, Monies seized by
the Police Department are held by ~he District Attorney's office in a specidl account until
the case is adjudicated. The pr0ce5S of seizing mo~ is a civil proceeding. wholly
independent of any oiminal filing Of convidion and requires strid procedural adnerence.
At the coodusion of t.~ superiOf court proceedings, the money is retumed to the City,
deposited into an Asset Seizure fund created by the City's Finance Department, a"d, with
City Council approval, released for expenditure purposes.
Prooosed Expenditu re
Curr..,tly, the Asset Seizur~ Fund account tOlals $18,000, Staff proposes spending $4,000
from rhe Fund kK narcotic detection cdr.ine training. The Police Department has fecently
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purchased two new canines which !--,aYe just successfully completed an extensive four-week
handIer's course. The Police Department wishes to enhance this training by sending th('se
canines and thE"ir handlers 10 a four-week narcotfc detection schooL Currently. no Police
Department canines are narcotic-trained. Canines trained in narcotics detection greatly
improve the OepartmeJ1t's ability to enforce drug la\l\'S. These highl~' trained canines <lnd
their handlers will be able to more efficiently and safely locat2 narcotics in the course of
search warrants, vehic1e ~tops or other incidents where suspected narcotics are invo1ved.
The dogs will be able to detect narcotics qui(-kl~', without the more tabor-intensive methods
used now by police personnel.
~mmendafion
Staff recommends that Coundl approve the expenditure of $4,000 from the As=-et S€o[lure
Fund.
,r
Re5pectfully 5ubr/1itted,
~ll\i'J, ,,::\QL'~~
l YNr-f JOHNSON
A55istaIlt Po I ice Chief
CMR:43B:93 8-5-93
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