4(e) - Confiscation

When to Confiscate

• Confiscation of Offensive Weapons, Explosives and Incendiaries, and Restricted Substances should only typically be considered when both:

  • • Person(s) has been arrested or is detained for an infraction of the Paralake Penal Code.

    • AND the items to be confiscated are illegal to possess (i.e. offensive weapons should not be confiscated if they were not used illegally).

When a person has died whilst in possession of a firearm or an offensive weapon, the officer can use discretion to decide if they want to return the item to the owner's associate or seize the item as there is no longer an owner for the item.

This means that Offensive Weapons should 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).

• Confiscation should only take place with the consent of a supervisor if available or when a suspect is being arrested. If a supervisor isn’t available, please act with your best judgment.

• If one believes that the confiscated item(s) could be used as evidence in a judicial case, appropriate documentation shall be filed, such as:

  • • Pictures of the item(s)

    • Notarized Description(s) from Supervisor

• Once consent has been obtained from an appropriate rank, confiscation should occur in a location where transportation of the confiscated item(s) can take place without disturbance.