513.647. Transfer of property seized by state to federal agency, procedure--transfer not to be made unless violation is a felony--property owner may challenge, procedure.
Transfer of property seized by state to federal agency,procedure--transfer not to be made unless violation is afelony--property owner may challenge, procedure.
513.647. 1. No state or local law enforcement agency may transferany property seized by the state or local agency to any federal agency forforfeiture under federal law until the prosecuting attorney and the circuitjudge of the county in which the property was seized first review theseizure and approve the transfer to a federal agency, regardless of theidentity of the seizing agency. The prosecuting attorney and the circuitjudge shall not approve any transfer unless it reasonably appears theactivity giving rise to the investigation or seizure involves more than onestate or unless it is reasonably likely to result in federal criminalcharges being filed, based upon a written statement of intent to prosecutefrom the United States attorney with jurisdiction. No transfer shall bemade to a federal agency unless the violation would be a felony underMissouri law or federal law.
2. Prior to transfer, in an ex parte proceeding, the prosecutingattorney shall file with the court a statement setting forth the facts andcircumstances of the event or occurrence which led to the seizure of theproperty and the parties involved, if known. The court shall certify thefiling, and notify by mailing to the last known address of the propertyowner that his property is subject to being transferred to the federalgovernment and further notify the property owner of his right to file apetition stating legitimate grounds for challenging the transfer. Ifwithin ninety-six hours after the filing of the statement by theprosecuting attorney, the property owner by petition shows by apreponderance of the evidence that the property should not be transferredto the federal government for forfeiture, the court shall delay suchtransfer until a hearing may be held. If the court orders a delay intransfer, no later than ten days after the filing of a petition under thissection and sections 513.649 and 513.651, a hearing shall be held unlessthe court deems, for good cause shown, that a continuance should begranted. At the hearing, if the prosecutor has proved by a preponderanceof the evidence that the investigation or seizure involved more than onestate or that the nature of the investigation or seizure would be betterpursued under the federal forfeiture statutes, the court shall order thatthe transfer shall be made.
(L. 1993 H.B. 562 § 6 subsecs. 1, 2, A.L. 2001 S.B. 5 & 21)(1997) Section does not require a conviction for transfer to federal agency of seized property. The application for transfer must cite the specific felony statute with the elements of the offense as well as sufficient evidence to find by a preponderance of the evidence that the property is sufficiently connected to the felony. State v. Sledd, 949 S.W.2d 643 (W.D.Mo.).
(2000) Seizure occurred when city police stopped and arrested claimant for traffic violations and took possession of money found in car; divestment of claimant's possessory interests occurred at that point and not when money was transferred to federal agents. Also, transfer was improper without first obtaining approval from circuit judge and prosecutor. Karpierz v. Easley, 31 S.W.3d 505 (Mo.App.W.D.).