HomeMy WebLinkAbout~Master - Forfeiture Funds Agreement with Story County Attorney's Office RESOLUTION NO. 17-163
RESOLUTION APPROVING FORFEITURE AGREEMENT WITH
STORY COUNTY ATTORNEYS OFFICE
FOR THE CITY OF AMES
WHEREAS, Chapter 809 of the Iowa Code provides a process for law enforcement and
prosecutors to return property seized as evidence or otherwise associated with a criminal case, and
the law also allows prosecutors to seek forfeiture of property under specific circumstances; this law
most commonly applies to cases involving illegal drugs and the profits from the sale of those drugs;
and,
WHEREAS, illegal drugs, for instance, cannot generally be returned to someone, so they
must be destroyed, and property used in criminal acts, such as vehicles or computers, may be seized
as evidence in these cases; and,
WHEREAS, once the criminal case is completed, the prosecutor may return to the courts to
request a forfeiture order for these properties, and if cash or property is approved for forfeiture by
the courts, the resources are distributed to agencies involved in the case according to a written
agreement; and,
WHEREAS, Ames has operated for many years under a Forfeiture Agreement centered
around the Central Iowa Drug Task Force (CIDTF); and,
WHEREAS, recent review of that Agreement suggests that it may be prudent to have a
second intergovernmental agreement specifically addressing forfeitures not involving the CIDTF;
and,
WHEREAS, this most often occurs when patrol officers encounter contraband or illegal
drugs as an extension of a traffic stop or noise complaint; and,
WHEREAS, Iowa laws also defines how forfeiture funds may be used by agencies, and the
City of Ames follows these guidelines closely with all forfeited funds; and,
WHEREAS, the Forfeiture Agreement outlines the arrangement between the Story County
Attorney's Office and the City of Ames; this includes the required distribution to the State of Iowa.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Forfeiture Agreement with the Story County Attorney's Office is hereby approved.
ADOPTED THIS 111h day of April, 2017.
/40W
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Beatty-Hansen
Seconded by: Betcher
Voting aye: Beatty-Hansen, Betcher, Corneri, Gartin,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 1 It' day of April, 2017.