Minnesota Petition for Forfeiture of Auto - 41-29-101
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How to fill out Petition For Forfeiture Of Auto - 41-29-101?
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FAQ
Police can seize not only cash from cars but real estate such as a person's home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner's awareness.
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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
There is a presumption that a vehicle is subject to forfeiture if: (1) the driver is convicted of the designated offense on which the forfeiture is based; or (2) the driver's conduct results in a designated license revocation and the driver does not seek timely judicial review or judicial review is upheld. Minn. Stat.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
The motor vehicle and other property can be seized. Your property, including cash, could also be seized during a drug arrest. Forfeiture of property is a civil issue that is separate from any criminal charges that may have been filed against someone.
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".
(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Ma- ritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the ...