NCJ Number
155966
Date Published
1994
Length
15 pages
Annotation
This information brief describes Minnesota's forfeiture laws.
Abstract
Part 1 of this brief is a summary of the general forfeiture law applicable to most felony offenses. Part 2 is a description of several special forfeiture laws that apply to particular criminal offenses such as DWI violations, game and fish violations, gambling crimes and racketeering crimes. Part 3 is a brief discussion of the circumstances under which a court may rule that a particular forfeiture violates the US Constitution's prohibition against excessive fines. Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a "designated offense," which is defined in the brief, and property associated with controlled substance offenses. Minnesota law also permits a law enforcement agency to seize forfeitable property in advance of its forfeiture. There are separate, nonjudicial procedures for forfeiting motor vehicles used to commit a drive-by shooting offense. Minnesota law permits law enforcement agencies to summarily forfeit certain property without going through any judicial or administrative proceedings. State law also provides various formulas for the disposition of forfeited property. A special forfeiture procedure applies to residential rental property on which contraband or a controlled substance with a retail value of $100 or more is seized pursuant to a lawful search or arrest. The procedures mentioned above are described in the brief. In addition, there are descriptions of procedures applicable to: (1) motor vehicles used to commit certain alcohol-related traffic offenses; (2) motor vehicles and boats used to commit game and fish offenses; (3) gambling devices, prizes and proceeds; and (4) property associated with racketeering crimes. Appendix