NCJ Number
136907
Date Published
1991
Length
90 pages
Annotation
An update is presented of drug-related asset forfeiture law in Minnesota.
Abstract
Content includes a table of authorities grouped into Federal and State cases and U.S. Supreme Court review which covers confession, supremacy claus versus independent State grounds; exclusionary quartet; fourth, fifth, sixth, and fourteenth amendment issues; miranda warning; custody; interrogation; waiver; invocation; reinitiation; and remedy. Certain Minnesota State appellate decisions are highlighted, particularly their impact on law officers' ability to conduct stops and frisks in drug cases. Limitations and distinctions of the entrapment and due process defenses are examined. Highlights of the 1991 amendments to the Minnesota forfeiture law include an expansion of the definition of appropriate agency; amendment of forms to include English, Spanish, and Hmong languages; waiving of filing fee for property worth less than $500; provision of interpreters upon request; and liability of costs. A discussion of what can be forfeited covers forfeiture as a civil in rem action, administrative forfeitures, forfeiture in drug cases by summons and complaint, distribution of forfeited property, and forfeiture of rental property. A guide to prosecuting the civil lawsuit covers pleadings, discovery, settlement, and trial.