Can a Louisiana police department buy marked patrol cars with drug forfeiture money?

Plain-English summary

Westlake's police department asked whether it could buy marked patrol cars with drug money forfeited after seizures by on-duty officers. In 2005, the Attorney General answered yes for patrol units with a clear drug-enforcement connection, used by officers extensively trained in narcotics identification and investigation. The opinion did not treat every police vehicle purchase as an authorized use.

The forfeiture statute required money to enter the Special Asset Forfeiture Fund until disposed of by court order. Liens and proper forfeiture expenses took priority. The remaining funds were then allocated under the statutory formula, with 60% going to the seizing law-enforcement agency or agencies for drug-law enforcement. The AG emphasized that the connection between an expenditure and drug enforcement should be clearly explainable, particularly when funds served the agency beyond its narcotics unit.

Currency note

This opinion was issued in 2005 under the forfeiture statute quoted below. Verify current allocation and spending rules before using forfeiture proceeds for vehicles.

What this means for you

Police departments

The AG's approval turned on the described cars' drug-enforcement role and the narcotics training of their patrol officers. It cited the rule that agency forfeiture funds were strictly limited to drug-enforcement activities.

Finance officials and public auditors

The opinion placed bona fide liens and proper forfeiture costs before the agency allocation. It also quoted the statute's requirements that the district attorney administer fund expenditures and that the fund be subject to public audit.

Common questions

Does a marked car qualify merely because patrol officers seized the money?

The AG did not make seizure by patrol officers sufficient by itself. Its affirmative answer depended on a clear connection between the cars' use and drug enforcement and on the officers' extensive narcotics training.

Does the seizing agency receive 60% of gross forfeited money?

No. The statute quoted by the opinion paid bona fide security interests or liens first, then proper forfeiture and sale expenses, before allocating the remaining funds.

Is this the same as retaining a forfeited vehicle for undercover work?

No. The opinion discussed a separate rule permitting temporary use of a seized motor vehicle for undercover drug surveillance and investigation. Its answer to Westlake's question concerned buying patrol units with forfeiture proceeds.

Background and statutory framework

LA-R.S. 40:2616 governed deposit, court-controlled disposition, and allocation of forfeited property and money. The opinion quoted its 60% agency share and drug-law-enforcement use restriction. It cited Opinion 93-753 for the advice that the connection between drug-enforcement spending and its purpose should be clearly explainable, especially when the whole agency uses the funds.

Citations

• LA-R.S. 40:2616 (deposit, priority payments, agency allocation, and permitted use of forfeited funds).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0161

Original opinion text

July 25, 2005
OPINION NO. 05-0161

47 Fines, Forfeitures & Penalties
71-1-1 Municipal Fire & Police Civil Service Arlene Adaway-Fontenot
LA-R.S. 40:2616, Op.Atty.Gen., No. 99-412, Op.Atty.Gen.,
Assistant Chief of Police
No 03-0190, Op.Atty.Gen. No. 93-753
701 Johnson Street
P.O. Box 700
Under the Seizure and Controlled Dangerous Substances
Property Forfeiture Act of 1989, a police agency should be
Westlake, Louisiana 70669
allocated up to 60% of the forfeited property, after bona
fide security interests/liens, and proper expenses, to continue its drug enforcement activities, which may include the procurement of new patrol units.
Dear Ms. Adaway-Fontenot:

This office is in receipt of your Attorney General’s opinion request of March 29, 2005, wherein the Westlake Police Department presented the following question as we understand it:

May the Westlake Police Department use forfeited “drug money,” acquired by patrol officers, while on duty, to purchase marked patrol units?

It is the opinion of this office that the answer to your question is answered within the context of the “Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989.”

The pertinent parts are as follows: “The proceeds of any sale and any monies forfeited
… shall be deposited in the Special Asset Forfeiture Fund as established herein until disposed of pursuant to court order.” LA-R.S. 40:2616 A (1) Thus, all property (drug money included) is deposited in the appropriate fund. Thus, the following excerpts answer the question more directly by addressing use of motor vehicles and how the fund should be distributed.

“If the property seized is a motor vehicle, the seizing agency may retain use of the motor vehicle for use in the course and scope of undercover surveillance and investigation of violations of the Louisiana Controlled Dangerous Substances Law.” LA- R.S. 40:2616 A (2). Clearly, this authorizes an agency like the Westlake police department to retain the use of any motor vehicles, if they are used in the course and scope of investigating violation of the Louisiana Controlled Dangerous Substances law.

However, it should be noted that “a motor vehicle seized may be retained for use in the course and scope of undercover surveillance and investigations for a period not to

Page 2

Arlene Adaway-Fontenot
OPINION 05-0161
Page 2

exceed six months after the forfeiture process is complete.” Op.Atty.Gen., No. 99-412, March 9, 2000.

In LA R.S. 40:2616, part B, the statute explains that,

[t]he court shall ensure the equitable distribution of any forfeited property, or of monies under and subject to the provisions of this Subsection, to the appropriate local, state, or federal law enforcement agency so as to reflect generally the contribution of that agency's participation in any of the activity that led to the seizure or forfeiture of the property or deposit of monies under and subject to the provisions of this Subsection. The office of the district attorney shall administer expenditures from the fund. The fund is subject to public audit. Money in the fund shall be distributed in the following order of priority:

(1) For satisfaction of any bona fide security interest or lien.

(2) Thereafter, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.

(3) The remaining funds shall be allocated as follows:

(a) Sixty percent thereof 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.

Thus, a law enforcement agency, or agencies, making the seizure should be equitably distributed 60% of the forfeited property after the first two priorities have been met. “Forfeited or seized monies may be used in drug enforcement, reward programs and payment of salaries of full-time and part-time drug enforcement employees, but use of the monies is strictly limited to drug enforcement activities. Op.Atty.Gen., No 03-0190, June 19, 2003.

Further, “[t]he nexus between the expenditure of drug asset forfeiture proceeds and drug law enforcement should be clearly explainable particularly under circumstances when drug asset forfeiture proceeds are being utilized by law enforcement agencies as a whole rather than solely by their narcotics divisions.” Op.Atty.Gen. No. 93-753, Feb. 3, 1993

Page 3

Arlene Adaway-Fontenot
OPINION 05-0161
Page 3

To sum, may the Westlake Police Department use forfeited “drug money,” acquired by patrol officers, while on duty, to purchase marked patrol units? It is the opinion of this office that yes, Westlake Police Department may use forfeited funds for patrol units to be used by patrol officers, who have received extensive training in narcotics identification and investigation, when the patrol units are going to have a clear connection with drug enforcement activities.

I hope the foregoing Opinion has been responsive to your question.

Very truly yours,

CHARLES C. FOTI JR.
ATTORNEY GENERAL

BY: ______
ARTHUR SCHAFER
Assistant Attorney General
AS/mv/jy

Page 4

OPINION NO. 05-0161

47 Fines, Forfeitures & Penalties
71-1-1 Municipal Fire & Police Civil Service

LA-R.S. 40:2616, Op.Atty.Gen., No. 99-412, Op.Atty.Gen., No 03-0190, Op.Atty.Gen. No. 93-753

Under the Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989, a police agency should be allocated up to 60% of the forfeited property, after bona fide security interests/liens, and proper expenses, to continue its drug enforcement activities, which may include the procurement of new patrol units.

Arlene Adaway-Fontenot
Assistant Chief of Police
701 Johnson Street
P.O. Box 700
Westlake, Louisiana 70669

Date Received: March 29, 2005
Date Released: July 25, 2005

ARTHUR SCHAFER
ASSISTANT ATTORNEY GENERAL