What authority allows police to seize property believed to be proceeds of crime?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer highlights the role of the Attorney General in applying for a restraint order, which is a legal mechanism used to prevent individuals from dealing with property that is believed to be the proceeds of crime. This means that when there is reasonable belief that property is linked to criminal activity, the Attorney General can initiate the process to restrain it from being transferred or sold until further legal proceedings determine its status.

A restraint order is essential because it effectively preserves the property during the investigation or prosecution phase. It acts as a precautionary measure ensuring that the assets remain available for potential forfeiture after a conviction or due legal process. This power is crucial in the context of law enforcement and prosecution to ensure that illicit gains from criminal activities are not dissipated or hidden.

While freezing or seizing property without consent, issuing search warrants, and applying for forfeiture orders are important aspects of law enforcement procedures, they operate under different legal contexts or authorities. For instance, police powers to seize property may be limited by specific legal regulations and often require a legal basis such as consent or a warrant, unlike the direct authority granted to the Attorney General to seek a restraint order which proactively addresses the concern of preserving assets tied to criminal activity.

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