Minnesota Jury Instruction - Forfeiture
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FAQ
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.
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.
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.
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.
Minn. Stat. §§609.531 to 609.5318. Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a "designated offense".
Ing to Minnesota Statute § 169A. 63, vehicle forfeiture can occur when a car is used to commit a criminal act?which includes driving while intoxicated (DWI) offenses. This means that, in certain DWI cases, the arresting agency has the authority to seize and forfeit the motor vehicle that was used.