Could a Louisiana sheriff use forfeiture proceeds for drug enforcement rewards and staff pay?

Plain-English summary

A sheriff asked whether money from seizures and forfeitures could pay for drug enforcement reward programs and employees working on drug enforcement, including a part-time secretary whose work was strictly related to it. In Opinion 03-0190, the AG concluded that the described uses were allowed because they were connected to drug law enforcement.

The letter read LSA-R.S. 40:2616(B)(3)(a) as allocating 60 percent of funds remaining after valid security interests or liens and expenses to the seizing law enforcement agency or agencies. That share had to be used for drug law enforcement. The statute expressly included agency reward programs, and the AG treated pay for staff doing strictly drug enforcement work as another qualifying use.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Sheriff's office

The AG approved the reward programs and employee pay described in the request because the activities were drug law enforcement related. It stated that expenditures needed a connection to drug law enforcement.

Employees working on drug cases

The opinion included full-time and part-time personnel, including part-time secretarial work, when the work was strictly related to drug enforcement. It did not approve pay for unrelated duties.

Common questions

Q: Could forfeiture proceeds pay for a drug enforcement reward program?
A: Yes. The AG said the cited provision expressly included reward programs established by the seizing agency.

Q: Could the money pay part-time staff?
A: Yes, for the part-time work described in the request, including secretarial work strictly related to drug enforcement.

Q: Did the agency have unrestricted use of its forfeiture share?
A: No. The opinion said there had to be a connection between the expenditure and drug law enforcement.

Background and statutory framework

The opinion concerned the allocation of forfeited property under LSA-R.S. 40:2616. The AG described the seizing agencies' 60-percent share after liens, security interests, and expenses, then applied the drug law enforcement use condition to the sheriff's proposed reward and staffing expenses. It also referred to La. Op. Atty. Gen. 93-753.

Citations and references

Statute cited: LSA-R.S. 40:2616(B)(3)(a). Earlier opinion: La. Op. Atty. Gen. 93-753.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0190

Original opinion text

P O. BOX 94095
DEPARTMENT OF JUSTICE
BATON ROUGE, LA 70804-9095
RICHARD P. IEYOUB CRIMINAL DIVISION Telephone:
ATTORNEY GENERAL
(225) 342-7552
FAX:
JUN 1 9 2003
(225) 342-7893
OPINION 03-0190

     Wayne Houck                                  22-2             DRUGS

LSA-R.S. 40:2616(B)(3)(a); LSA-R.S. 40:2615.
Sheriff and Ex-Officio Tax Collector
P.O. Box 2070
Forfeited or seized monies may be used in drug
Ruston, Louisiana 71273-2070
enforcement, reward programs, and payment of salaries
of full-time and!or part-time employees during strictly drug enforcement work.
Dear Mr. Houck:

This office has received your opinion request containing the following question:

The question presented was whether LA R.S. 40:2616 B (3) (a), reference seizure and forfeiture of monies, can be used in drug enforcement reward programs, payment of salaries of full-time and/or part-time employees doing strictly drug enforcement work including part-time secretarial work which is strictly drug enforcement related.

In response to your question, I found the following information. LA R.S. 40:2616 provides for the allocation of forfeited property. Section B (3)(a) specifically provides that sixty (60%) percent of the funds remaining after satisfaction of any bona fide security interest or lien and payment of all expenses goes to the law enforcement agency or agencies making the seizure, such proceeds to be used in drug law enforcement, including but not limited to reward programs established by such agencies. There must be a connection between the expenditure and drug law enforcement. See La. Op. Atty.
Gen. 93-753.

Therefore, it is the opinion of this Office that forfeited or seized monies can be used as indicated in the above-mentioned question. These activities are drug law enforcement related and meet the criteria of LA R.S. 40:26 ! 6.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
INGRIIY F. JOI-tN~ON
ASSISTANT ATTORNEY GENERAL
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