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Officers Affidavit for Seizure

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OFFICER'S AFFIDAVIT FOR SEIZURE AND IMPOUNDMENT AND MAGISTRATE'S ORDER - IMPAIRED DRIVING

(TYPE OR PRINT IN BLACK INK)

STATE OF NORTH CAROLINA

File No.

In The General Court Of Justice

District Court Division

AM
PM

I. OFFICER'S AFFIDAVIT

The undersigned being first duly sworn says:

1. I am a law enforcement officer. On or about the date of offense shown above, I had probable cause to believe that the defendant named above drove the motor vehicle

described above in the above county upon while committing an offense involving impaired driving in

violation of G.S. 20-138.1 G.S. 20-138.5 G.S. (See Section III on reverse for a list of offenses involving impaired driving.)

in that: (List sufficient facts to constitute probable cause.)

(Check if defendant charged under G.S. 20-138.5.) and a check of the Division of Motor Vehicles' records or other reliable information indicates that the defendant has been convicted of three (3) or more offenses involving impaired driving as defined in G.S. 20-4.01(24a) within ten (10) years of the date of offense shown above.

2. I charged the defendant with an offense in violation of the statute cited above.

3. A check of the records of the Division of Motor Vehicles or other reliable information indicates that, at the time of the above offense,

the defendant's drivers license was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2(a). (See Section IV on reverse for a list of impaired driving license revocations.) the defendant was driving without a valid drivers license and was not covered by an automobile liability insurance policy.

4. A check of law enforcement records or other reliable information indicates that the motor vehicle described above has not been reported stolen.

5. The motor vehicle described above is not a rental vehicle, or if it is a rental vehicle, the defendant is listed as an authorized driver on the rental contract.

6. (a) On the date of seizure shown above, I seized the vehicle described above and it is presently at the location shown above.

(b) The motor vehicle has not yet been seized.

Magistrate Deputy CSC Assistant CSC Clerk Of Superior Court
Notary

SEAL

II. MAGISTRATE'S ORDER

On the basis of the facts set forth in the above Affidavit and any additional information furnished under oath, the undersigned finds that the requirements of G.S. 20-28.3 for the

seizure and impoundment of the motor vehicle described above have have not been met.

1. a. It is ORDERED that the above described motor vehicle be impounded and held pending further orders of the court.

b. It is ORDERED that any officer with authority and jurisdiction seize the above described motor vehicle and that it be impounded and held pending further orders of the court.

2. It is ORDERED that the above described motor vehicle be released to the motor vehicle owner upon payment of all towing and storage charges incurred as a result of

the seizure of that vehicle.

NOTE TO OFFICER:

The seizing officer shall notify the Division of Motor Vehicles (DMV) of the seizure as soon as practical, but not later than 24 hours after the seizure of the motor vehicle. G.S. 20-28.3(b). The seizing officer should complete form LT-176 and forward it to the officer's DCI terminal operator. The terminal operator will then transmit the information to DMV via DCI. This Order authorizes any officer with jurisdiction to enter the property of the defendant to seize the motor vehicle. Consent or a search warrant is required to enter the private property of another. G.S. 20-28.3(c1).

NOTE TO MAGISTRATE:

The magistrate shall provide the original of this form to the Clerk. G.S. 20-28.3(c). The magistrate should provide copies to the defendant and to the seizing officer.

NOTE TO CLERK:

If a seizure is ordered, the Clerk shall provide copies of this form to the district attorney and the attorney for the county board of education. G.S. 20-28.3(c).

(Over)

III. OFFENSES INVOLVING IMPAIRED DRIVING

G.S. 20-4.01(24a) defines "offense involving impaired driving" to include the following:

  • impaired driving under G.S. 20-138.1;
  • any offense set forth under G.S. 20-141.4 based on impaired driving;
  • first or second degree murder under G.S. 14-17 or involuntary manslaughter under G.S. 14-18 when the charge is based on impaired driving;
  • impaired driving in a commercial vehicle under G.S. 20-138.2;
  • habitual impaired driving under G.S. 20-138.5.

IV. IMPAIRED DRIVING LICENSE REVOCATIONS - G.S. 20-28.2(a)

Under G.S. 20-28.2(a), the revocation of a person's drivers license is an impaired driving license revocation if the revocation is pursuant to any of the

following statutes:

G.S. 20-13.2 - Driving After Consuming Alcohol/Drugs While Less Than 21

G.S. 20-16(a)(8b) - Military Driving While Impaired

G.S. 20-16.2 - Refused Chemical Test

G.S. 20-16.5 - Civil Revocation

G.S. 20-17(a)(2) - Driving While Impaired

- Driving While Impaired In Commercial Motor Vehicle

G.S. 20-138.5 - Habitual Driving While Impaired

G.S. 20-17(a)(12) - Transporting Open Container - 2nd Or Subsequent

G.S. 20-16(a)(7) - Out-Of-State Offense Similar To Driving While Impaired Resulting In NC Revocation

G.S. 20-17(a)(1) - Manslaughter Involving Driving While Impaired

G.S. 20-17(a)(3) - Any Felony In The Commission Of Which A Motor Vehicle Is Used, If The Offense Involves Impaired Driving

G.S. 20-17(a)(9) - Any Offense Set Forth Under G.S. 20-141.4 Based On Impaired Driving

G.S. 20-17(a)(11) - Conviction Of Assault With A Motor Vehicle If Offense Involves Impaired Driving

G.S. 20-28.2(a)(3) - Laws of another state when the offense for which the person's drivers license is revoked prohibits substantially similar

conduct that if committed in this state would result in a revocation based on one of the offenses listed above.

V. GROUNDS FOR SEIZURE - G.S. 20-28.3(a)

A motor vehicle is subject to seizure if the driver is charged with an offense involving impaired driving as listed in Section III above and at the time of

the offense

  • the driver's license is revoked for one of the reasons listed in Section IV above or
  • the driver does not have a valid drivers license and is not covered by an automobile liability insurance policy.

AOC-CR-323A, Rev. 3/17

2017 Administrative Office of the Courts

AOC-CR-323A, Side Two, Rev. 3/17

2017 Administrative Office of the Courts

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What an Officers Affidavit for Seizure Is and when it applies

An Officers Affidavit for Seizure is a sworn statement completed by a law enforcement officer or authorized agent that documents the facts and circumstances supporting the seizure of property or evidence. The affidavit records identifying information for the officer and property, the location and time of seizure, legal authority cited, and a factual narrative describing probable cause or statutory grounds. Courts, prosecutors, and property owners commonly use the affidavit to establish chain of custody, support warrants or forfeiture actions, and to meet administrative or judicial notice requirements in subsequent proceedings.

Why a clear, accurate affidavit matters

A complete Officers Affidavit for Seizure preserves evidentiary value, supports legal authority for taking property, and documents chain-of-custody details that courts review when assessing admissibility and due process.

Why a clear, accurate affidavit matters

Who completes and relies on this affidavit

The affidavit is prepared by law enforcement officers, prosecutors, and agency investigators to record seizure events and support later legal steps.

  • Law enforcement officers and investigators who execute seizures and collect evidence for criminal or administrative matters.
  • Prosecutors and agency attorneys who review the factual record to authorize warrants, forfeiture, or charging decisions.
  • Property owners, defense counsel, and court clerks who need an official record of the seizure for hearings or appeals.

Accurate completion benefits all parties by reducing challenges based on chain-of-custody gaps or incomplete factual assertions.

Typical signers and their roles

Officer / Investigator

An active sworn officer or authorized investigator executes and signs the affidavit under oath, attesting to the facts observed. The officer details dates, times, locations, property descriptions, and circumstances that established probable cause or statutory authority for seizure.

Prosecutor / Agency Counsel

A prosecutor or agency attorney may review, endorse, or rely on the affidavit when seeking judicial approval, filing forfeiture paperwork, or presenting seizure facts in court; their review ensures the affidavit aligns with charging or administrative strategy.

Essential facts to include on the affidavit

Officer Name: Full legal name
Badge/ID: Agency badge or ID number
Date/Time: MM/DD/YYYY HH:MM format
Property Description: Detailed item description
Seizure Location: Street, city, state
Witnesses: Names and contact info

Consequences of inaccurate or false content

Perjury Risk: Criminal liability for false statements
Suppression Risk: Evidence may be excluded
Forfeiture Challenge: Property claims may succeed
Administrative Sanctions: Internal discipline or oversight
Civil Liability: Potential civil rights suits
Record Rejection: Procedural defects delay cases

Common preparation errors to avoid

  • Using vague property descriptions that fail to uniquely identify items and complicate chain-of-custody proof in court.
  • Omitting times, dates, or the officer’s precise location, which can create reasonable doubt about when and where a seizure occurred.
  • Failing to state the legal basis (statute or warrant) for the seizure, leaving the action vulnerable to suppression or return motions.
  • Not documenting witness names and contact details or neglecting contemporaneous notes that corroborate the officer’s narrative.

Quick steps to complete an Officers Affidavit for Seizure

Follow a consistent sequence: gather facts, complete identifying fields, write a concise factual narrative, sign and notarize if required, then distribute copies to appropriate parties.

  • 01
    Gather facts: Collect dates, times, locations, witnesses, and item details.
  • 02
    Complete fields: Enter officer ID, agency, and contact information.
  • 03
    Narrative: Describe observations and statutory authority succinctly.
  • 04
    Finalize: Sign, notarize if needed, and route legally.

Typical routing and use after completion

After signing, the affidavit is retained by the agency, provided to prosecutors, and supplied to property owners or defense counsel as required by law or court order.

  • Agency Record: Primary copy retained in case file.
  • Prosecutor Review: Used to support charging or forfeiture.
  • Court Submission: Attached to warrant or hearing filings.
  • Defense Access: Recorded for discovery and motions.

Recommended digital workflow settings

Configure an electronic workflow that captures signer identity, timestamps, and audit trail entries while protecting access and retention.

Field Configuration
Signer Authentication Email + optional SMS or agency MFA
Audit Trail Capture IP, timestamp, and actions
Document Retention Secure storage with legal hold support
Access Controls Role-based permissions and logs

Technical considerations for eCompletion and eFiling

Use a platform that provides tamper-evident PDFs, audit trails, secure storage, and configurable signer authentication.

  • File Formats: PDF/A, DOCX supported
  • Integrations: Connect to case management systems
  • Security: AES-256 at rest; TLS 1.2/1.3

Ensure the chosen system supports court or agency submission formats and preserves signatures and metadata for evidentiary use.

Typical timelines and filing expectations

Timeframes vary by jurisdiction and case type; prepare affidavits promptly and follow local rules for filing with prosecutors or courts.

Immediate Documentation:

Affidavit prepared the same day as seizure when possible.

Prosecutor Filing:

Submit with charging or forfeiture referral per local office policies.

Court Attachment:

Attach affidavit to warrant or motion filings as required by court rules.

Discovery Deadlines:

Provide copies to defense within applicable discovery windows.

Retention Starts:

Retention period begins on seizure date or date of creation.

Key case milestones after a seizure

Track milestones from seizure through final disposition to ensure compliance with filing, notice, and retention obligations.

01

Seizure Event

Record facts, preserve evidence, and create the affidavit.

02

Prosecutor/Review

Prosecutor reviews affidavit to decide charging or forfeiture.

03

Court Filing

Affidavit attached to warrants, motions, or forfeiture petitions.

04

Disposition

Court order or settlement determines final property status.

How an Officers Affidavit compares to a court seizure warrant

Compare use, approval, and timing to understand when an affidavit supports action versus when a judicial warrant is required.

Criteria Officers Affidavit Court Seizure Warrant
Requirement officer statement judicial approval
Judicial Approval sometimes after-the-fact required beforehand
Timing immediate documentation obtained pre-seizure
Primary Use record facts authorize seizure

eSignature vendor snapshot for affidavit execution and storage

Common vendor options and key pricing/features to evaluate for secure eCompletion and audit-capable storage. Pricing reflects vendor list-price tiers where available.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of affidavit use in organizations

These brief examples show how agencies and organizations use sworn seizure affidavits alongside digital workflows.

Case Study 1

A municipal police unit standardized affidavit templates to reduce omissions and improve prosecutorial review.

  • The templates captured chain-of-custody fields automatically.
  • As a result, review times shortened and evidentiary challenges were reduced by clearer documentation and consistent formatting across cases.

Case Study 2

A property management firm used sworn affidavits when coordinating judicial forfeitures with local law enforcement.

  • Affidavits included itemized property lists and witness statements.
  • This practice simplified court submissions and helped reconcile inventory across agency and court records during disposition.

Frequently asked questions about Officers Affidavits for Seizure

Answers to common questions about completion, notarization, electronic signing, and legal validity for seizure affidavits.


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