Forfeitures

Detective Bureau Support

FORFEITURES

Forfeiture is the proceeding that a state agency uses to seize property from an owner after they are arrested, charged, or convicted of a specific crime. A forfeiture proceeding typically occurs when someone is arrested by law enforcement for driving a motor vehicle while under the influence of controlled substances (drugs) or alcohol or after fleeing a peace officer in a motor vehicle. Property, including cash, may also be seized during a drug arrest/raid or other designated forfeiture offense outlined by Minnesota statute. Property forfeiture is a civil proceeding that is separate from any criminal charges that may have been filed against someone.

When a law enforcement agency seizes property associated with certain crimes, the procedure is known as “civil forfeiture”. There are two forms of civil forfeitures—judicial and administrative. Judicial forfeitures require a court order before an agency can take ownership of a person’s property. Administrative forfeiture allows an agency to take possession before any court review, but requires the law enforcement agency to serve the owner with a notice of the forfeiture process and proceedings.

What property can be seized?

• If the offense is related to alcohol, a motor vehicle may be subject to seizure. • If the offense is related to fleeing a peace officer in a motor vehicle, a motor vehicle can be seized. • If the offense is related to drugs, Minn. Stat § 609.5314 allows for the following property to be seized by law enforcement and forfeited:  Drugs  Drug manufacturing, or distribution equipment or devices  All money, precious metals, or precious stones found near the drugs  All vehicles with a value of $100+ if charged with a felony under Minn. Stat § 152  All firearms, ammunition or firearms found in a vehicle being used to commit a felony drug violation under Minn. Stat § 152 at the time of arrest or on the premises where drugs were seized

In 2020, the Owatonna Police Department initiated 14 vehicle forfeiture proceedings (12—still in process, 2—released to the registered owners). Vehicles obtained by OPD that are serviceable are placed on a state auction site operated by the Department of Administration Surplus Services and can be accessed by going to minnbid.org.

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