I remember at the Intox Manslaughter seminar we discussed seizing the vehicles involved in an intox manslaughter case. However, there was no discussion about how to go about doing that, and I assume we need a search warrant. I now have my first Intox Manslaughter case, and we need some help. Does anyone have a form I could use? All the forms in the search warrant manual seem to allow you to enter the car to get evidence, but I thought we were actually trying to keep the car - and I'm not sure what all I need to put in the warrant. Can someone please help??
You can seize the vehicle as contraband under chapter 59 of the Code of Criminal Procedure.
If the vehicle was seized by the police at the crash and held in impound, I think you are ok to proceed. Anyone else correct me if you think I am incorrect. But if the vehicle was released you might need a search warrant to recover it. Check your e-mail for a general solicitation for help.
TDCAA has a book -- Guide to Asset Seizure & Forfeiture that is most useful for its forms. I would start by reading through ch 59 in the CCP. I have some forms I could email you, but the email on your profile is missing the last part -- is it .com, .us, .gov, etc? You can email me and I'll send you what I have.
Sent you an email with an example of Affidavit, Warrant and Return for a contraband seizure warrant. Let me know if you don't receive.
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