Does the double jeopardy clause apply to forfeiture proceedings?

The double jeopardy clause "does not come into play until a proceeding begins before a trier 'having jurisdiction to try the question of the guilt or innocence of the accused.' " Without risk of a determination of guilt, jeopardy does not attach, and a further prosecution does not constitute double jeopardy. (Serfass v. United States, supra, 420 U.S. at pp. 391-392, 95 S.Ct. at pp. 1064-1065.)

In California the prosecutor may institute formal judicial forfeiture proceedings or may engage in nonjudicial forfeiture pursuant to section 11488.4, subdivision (j). ⁴ The nonjudicial or administrative forfeiture proceeding created by subdivision (j) was enacted to permit forfeiture without court involvement. (Nasir v. Sacramento County Off. of the Dist. Atty. (1992) 11 Cal.App.4th 976, 983, 15 Cal.Rptr.2d 694.) The purpose of nonjudicial forfeiture is to save the government the time and expense of a judicial proceeding in cases where the value of the property seized is small. The nonjudicial forfeiture proceeding is terminated, however, if anyone duly submits a claim to the seized property in response to the notice of nonjudicial forfeiture. If such a claim is filed, the district attorney cannot pursue an administrative forfeiture but must initiate a judicial forfeiture proceeding. (Id. at pp. 983-984, 15 Cal.Rptr.2d 694.)