26 CAR § 200-1701. Tobacco forfeiture

(a) For purposes of forfeiture tracking, each law enforcement agency seizing property pursuant to Arkansas Code § 26-57-247 shall be assigned a unique numeric identifier. (b) Form ATC-C10 is hereby adopted as the standardized confiscation report form to be used by all law enforcement agencies when forfeitable property is confiscated pursuant to Arkansas Code § 26-57-247 as follows: ARKANSAS TOBACCO CONTROL Report No. _______________ CONFISCATION REPORT (assigned by ATC) Date & Time of seizure:______________________________ County of seizure:___________________ Name & Address of persons from whom the property was seized: ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Seizing Officer: ___________________________________ REASON OR BASIS FOR SEIZURE: (Check all applicable) VEHICLE (or other conveyances) used or intended for use to transport untaxed tobacco product. MONEY furnished or intended to be furnished in exchange for untaxed tobacco product or profits and proceeds traceable to such exchange or found in close proximity to a forfeitable tobacco product or a forfeitable record of an importation of a tobacco product, or used to facilitate a criminal violation of the Tobacco Products Tax Act of 1977 or the Unfair Cigarette Sales Act. FIREARMS furnished or intended to be furnished in exchange for a tobacco product in violation of the Tobacco Products Tax Act of 1977 OR explain other basis for seizure (e.g. stolen firearm, felon in possession, etc…):_________ ______________________________________________________________________________________ ______________________________________________________________________________________ OTHER PROPERTY seized and basis for seizure: ________________________________________________________________________ DESCRIPTION AND ESTIMATED VALUE OF PROPERTY SEIZED: (must contain serial and model numbers, if applicable, must contain odometer or hour meter if vehicle or equipment) ________________________________________________________________________ ________________________________________________________________________ PROPERTY SEIZED WILL BE HELD AT THE FOLLOWING LOCATION(S). ________________________________________________________________________ The undersigned officer states that he/she is the “seizing officer” and that this report is true and complete. ______________________________________________ Signature of seizing officer The undersigned hereby states that he/she is the person(s) from whom the above property was seized and that his/her correct mailing address is given below. _______________________________________________ Signature Printed name & mailing address: _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ In the event that a party refuses to sign, the following must be completed: The undersigned additional law enforcement officer hereby states that the party from whom the property was seized refused to sign this report and I hereby place my signature attesting to such refusal. _______________________________________________ Signature of secondary officer The undersigned agent hereby certifies that he has sent a copy of this report to the Prosecuting Attorney and has obtained and is maintaining a copy of this report that has been acknowledged as being received by:___________________________ and further certifies that he has sent a copy of the foregoing to the Arkansas Tobacco Control Director on this ______day of ________________, 20______. _________________________________________________ Signature of seizing officer The Prosecuting Attorney’s Office acknowledges receipt of a copy of the foregoing on this ______day of________________, 20______. (must be signed by the Prosecuting Attorney or deputy prosecuting attorney.) _______________________________________________________ Signature of PA FORM ATC-C10 (8/2010) (c) A report number for each seizure shall be assigned by Arkansas Tobacco Control and recorded on Form ATC-C10 that will be completed by the seizing law enforcement agency. (d) The report number shall consist of the calendar year, the LEA numeric identifier, and the sequential confiscation number for that calendar year (e.g., 2010001001).