4(e) - Confiscation

When to Confiscate?

Confiscation of any item should only take place when the item itself was used in a crime, which allows the officer asset forfeiture of said item.

This means that offensive weapons must not be confiscated in situations involving the possession or the production of drugs unless the person has violated another law that allows for their confiscation (e.g. if they have shot at officers, are possessing or displaying a weapon in public).

Death of the item owner

When a person dies whilst in possession of a firearm or an offensive weapon, the officer may decide to return the items to the owner's associate. There is no obligation to do so.

Handling of evidence and confiscation at incidents

Items at incidents such as shootouts should not be confiscated without prior permission from the Officer in Charge (OIC) or supervisor.

If a fellow officer believes that the confiscated item(s) could be used as evidence, then those items must not be confiscated until the end of the investigation. Such items should be marked with a crime scene marker (numbered) and should preferably not be moved from their original position unless there is a danger of tampering from the public.

Furthermore, contraband must not be confiscated within active violent situations until it is confirmed that the immediate area is safe and secure to do so.