HELP! I have a forfeiture trial coming up which I am picking up after someone else filed it. Some items were seized at the scene of the crime in my county. Then a search warrant was issued for Defendant's home two counties away (out of my jurisdiction). More items were seized there. A forfeiture notice which included all of the seized items was filed in my county. I read art. 59 & did not see anything about jurisdiction (except for certain cases involving federal agents -- which is not my case). I've also looked on Lexis & didn't find any cases dealing with jurisdiction. Has anyone out there had a case like this, or am I just "lucky" that way? I think I should just argue that my county gets to forfeit all these items because they were used to facilitate the commission of the crime in this county. Any advice is appreciated.

Look at Article 59.04(b) of CCP. The forfeiture proceeding begins when the attorney for the state files a notice of seizure with the clerk of the district court in the county in which the seizure is made.

I think you have a good case as to any items seized in your county. You are not going to have jurisdiction over those items that were seized out of county (even if they were used to commit a crime in your county).

Robert S. DuBoise

I looked up the word "jurisdiction" in the index & I didn't see it listed anywhere in Art 59. I saw the blurb about federal agents who seize items in 59.05(g). Thanks for pointing me in the right direction!