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Minnesota forfeiture laws require a conviction of a drug crime before the government can permanently take any property associated with the controlled substance. However, the conviction requirement only applies if you challenge the seizure of property by filing a civil case against the property WITHIN 60 DAYS.
Property is subject to forfeiture if it was either: (1) personal property used or intended for use to commit or facilitate the commission of a designated offense; or (2) real or personal property representing the proceeds of a designated offense.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Types of Forfeiture The most common type is an Administrative Forfeiture action under Minnesota Statute Section 609.5314. Items such as money, jewelry, motor vehicles, or firearms that are found near controlled substances or drug manufacturing equipment are subject to Administrative Forfeiture.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
Under Minnesota's vehicle forfeiture law, police agencies may immediately seize a vehicle that was used in the commission of certain designated offenses ? most notably a 1st or 2nd Degree DWI. This can occur regardless of whether the vehicle was being driven by the owner or not.