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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??
 
Posts: 27 | Location: Cass County, Texas | Registered: May 03, 2010Reply With QuoteReport This Post
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You can seize the vehicle as contraband under chapter 59 of the Code of Criminal Procedure.
 
Posts: 90 | Location: Lockhart TX | Registered: January 05, 2012Reply With QuoteReport This Post
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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.
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
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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.
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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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.
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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