FSMC, TITLE 11.  CRIMES

CHAPTER 9
Money Laundering and Proceeds of Crime

Editor's note: Former chapter 9 of this title on Major Crimes (§§ 901-951) was repealed in its entirety by PL 11-72 § 1. This new chapter 9 was enacted by PL 11-72 § 84 and is part of the Revised Criminal Code Act.

SUBCHAPTER III
Confiscation

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PART 4: Control of Property

SECTIONS

§ 950. Powers to search and seize tainted property.
§ 951. Search warrants in relation to tainted property.
§ 952. Application for search warrants by telephone or other means of communication.
§ 953. Searches in emergencies.
§ 954. Record of property seized.
§ 955. Return of seized property.
§ 956. Search for and seizure of tainted property in relation to foreign offenses.

§ 950. Powers to search for and seize tainted property.

(1) In addition to any powers granted under title 12 of this code and other applicable laws, a police officer may:

(a) search a person for tainted property;

(b) enter upon land or upon or into premises and search the land or premises for tainted property; and

(c) in either case, seize any property found in the course of the search that the police officer believes, on reasonable grounds to be tainted property, provided that the search or seizure is made:

(i) with the consent of the person or the occupier of the land or premises as the case may be;

(ii) under a warrant issued under section 951 of this chapter; or

(iii) under section 953 of this chapter.

(2) Where a police officer may search a person under this Act, the officer may also search:

(a) the clothing that is being worn by the person; and

(b) any property in, or apparently in, the person's immediate control.

Source: PL 11-72 § 141.

Cross-reference: The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code. Title 12 of this code is on Criminal Procedure.

§ 951. Search warrants in relation to tainted property.

(1) Where a police officer has probable cause to believe that there is, or may be within the next 72 hours, tainted property of a particular kind:

(a) on a person;

(b) in the clothing that is being worn by a person;

(c) otherwise in a person's immediate control; or

(d) upon land or upon or in any premises; the police officer may lay before a justice, a sworn affidavit setting out those grounds and apply for the issuance of a warrant under this act or under title 12 of this code, to search the person, the land or the premises as the case may be, for tainted property of that kind.

(2) Where an application is made under subsection (1) of this section for a warrant to search a person, land or premises, the justice may, subject to subsection (4) of this section issue a warrant authorizing a police officer (whether or not named in the warrant) with such assistance and by such force as is necessary and reasonable:

(a) to search the person for tainted property of that kind;

(b) to enter upon the land or in or upon any premises and to search the land or premises for tainted property of that kind; and

(c) to seize property found in the course of the search that the police officer has probable cause to believe to be tainted property of that kind.

(3) A warrant may be issued under subsection (2) of this section in relation to tainted property, whether or not information or a complaint has been filed in respect of the relevant offense.

(4) A justice shall not issue a warrant under subsection (2) of this section unless, where information or a complaint has not been filed in respect of the relevant offense at the time when the application for the warrant is made, the justice is satisfied that there is probable cause to believe a crime has been or is about to be committed and that tainted property or evidence of such crime is located at the place or on the person or thing to be searched.

(5) A warrant issued under this section shall state:

(a) the purpose for which it is issued, including a reference to the nature of the relevant offense;

(b) a description of the kind of property authorized to be seized;

(c) a time at which the warrant ceases to be in force; and

(d) whether entry is authorized to be made at any time of the day or night or during specified hours.

(6) If, during the course of searching under a warrant issued under this section, a police officer finds:

(a) property that the police officer has probable cause to believe to be tainted property either of a type not specified in the warrant or tainted property in relation to another serious offense; or

(b) anything the police officer has probable cause to believe will afford evidence as to the commission of a serious offense (whether or not such offense is the same as that described in the warrant); the police officer may seize that property or thing and the warrant shall be deemed to authorize such seizure.

Source: PL 11-72 § 142.

Cross-reference: The statutory provisions on the Executive and the President are found in title 2 of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.

§ 952. Application for search warrants by telephone or other means of communication.

(1) Where by reason of urgency, a police officer considers it necessary to do so, the officer may make application for a search warrant under section 951 of this chapter by telephone, radio communication, facsimile or other means of communication by which identity of the requesting officer can be identified.

(2) A justice, to whom an application for the issuance of a warrant is made by telephone or other means of communication, may sign a warrant if the justice is satisfied that there is probable cause to do so, and shall inform the police officer of the terms of the warrant so signed.

(3) The police officer executing the warrant shall inform any persons subject to and present at the time of the search of the terms of the warrant.

(4) The police officer to whom a warrant is granted by telephone or other means of communication shall, not later than three working days following issuance of the warrant, provide the justice with a duly sworn application for a warrant completed by the officer, together with the officer's sworn affidavit in support of the warrant.

Source: PL 11-72 § 143.

Cross-reference: The statutory provisions on the Executive and the President are found in title 2 of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.

§ 953. Searches in emergencies.

(1) Where a police officer has probable cause to believe that:

(a) particular property is tainted property;

(b) it is necessary to exercise the power of search and seizure in order to prevent the concealment, loss or destruction of the property; and

(c) the circumstances are so urgent that they require immediate exercise of the power without the authority of a warrant or the order of a court; the police officer may:

(i) search a person;

(ii) enter upon land, or upon or into premises and search for the property; and

(iii) if property is found, seize the property.

(2) If during the course of a search conducted under this section, a police officer finds:

(a) property that the police officer has probable cause to believe to be tainted property; or

(b) any thing the police officer has probable cause to believe will afford evidence as to the commission of a serious offense; the police officer may seize that property or thing.

Source: PL 11-72 § 144.

Cross-reference: The statutory provisions on the Executive and the President are found in title 2 of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.

§ 954. Record of property seized.

A police officer who seizes property under section 951 or section 953 of this chapter, shall retain the property seized, make a written record thereof, and take reasonable care to ensure that the property is preserved.

Source: PL 11-72 § 145.

§ 955. Return of seized property.

(1) Where property has been seized under section 951 or section 953 of this chapter, (otherwise than because it may afford evidence of the commission of an offense), a person who claims an interest in the property may apply to the Supreme Court for an order that the property be returned to the person.

(2) Where a person makes an application under subsection (1) of this section and the Supreme Court is satisfied that:

(a) the person making the application is entitled to possession of the property;

(b) the property is not tainted property; and

(c) the defendant has no interest in the property; the Supreme Court shall order the return of the property to the person making the application.

Source: PL 11-72 § 146.

Cross-reference: The statutory provisions on the Executive and the President are found in title 2 of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.

§ 956. Search for and seizure of tainted property in relation to foreign offenses.

Where a foreign state requests assistance with the location or seizure of property suspected to be tainted property in respect of an offense within its jurisdiction, the provisions of sections 951, 952 and 953 of this chapter apply, with the necessary changes in points of detail, provided that the Secretary has, pursuant to applicable law, authorized the giving of assistance to the foreign state.

Source: PL 11-72 § 147.

Cross-reference: The statutory provisions on the Executive and the President are found in title 2 (Executive) of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 (Judicial) of this code.