2004 Minnesota Statutes

     297E.16 Contraband. 

    Subdivision 1.    Seizure.  Contraband may be seized by 
 the commissioner or by any sheriff or other police officer, 
 hereinafter referred to as the "seizing authority," with or 
 without process, and is subject to forfeiture as provided in 
 subdivision 2.  

    Subd. 2.    Inventory; judicial determination; appeal; 
 disposition of seized property.  (a) Within ten days after the 
 seizure of alleged contraband described in section 349.2125, 
 subdivision 1, the person making the seizure shall serve by 
 certified mail an inventory of the property seized on the person 
 from whom the property was seized, if known, and on any person 
 known or believed to have any right, title, interest, or lien in 
 the property, at the last known address, and file a copy with 
 the commissioner or the director of alcohol and gambling 
 enforcement.  The notice must include an explanation of the 
 right to demand a judicial forfeiture determination. 

    (b) Within 60 days after the date of service of the 
 inventory, which is the date of mailing, the person from whom 
 the property was seized or any person claiming an interest in 
 the property may file a demand for judicial determination of 
 whether the property was lawfully subject to seizure and 
 forfeiture.  The demand must be in the form of a civil complaint 
 and must be filed with the court administrator in the county in 
 which the seizure occurred, together with proof of service of a 
 copy of the complaint on the commissioner of revenue or the 
 director of alcohol and gambling enforcement, and the standard 
 filing fee for civil actions unless the petitioner has the right 
 to sue in forma pauperis under section 563.01.  If the value of 
 the seized property is $7,500 or less, the claimant may file an 
 action in conciliation court for recovery of the property.  If 
 the value of the seized property is less than $500, the claimant 
 does not have to pay the conciliation court filing fee.  

    (c) The complaint must be captioned in the name of the 
 claimant as plaintiff and the seized property as defendant, and 
 must state with specificity the grounds on which the claimant 
 alleges the property was improperly seized and the plaintiff's 
 interest in the property seized.  No responsive pleading is 
 required of the commissioner or director, and no court fees may 
 be charged for the commissioner's or director's appearance in 
 the matter.  The proceedings are governed by the Rules of Civil 
 Procedure.  Notwithstanding any law to the contrary, an action 
 for the return of property seized under this section may not be 
 maintained by or on behalf of any person who has been served 
 with an inventory unless the person has complied with this 
 subdivision.  The court shall hear the action without a jury and 
 determine the issues of fact and law involved.  

    (d) If a judgment of forfeiture is entered, the seizing 
 authority may, unless the judgment is stayed pending an appeal, 
 either (1) cause the forfeited property, other than a vehicle, 
 to be destroyed; or (2) cause it to be sold at a public auction 
 as provided by law.  The person making a sale, after deducting 
 the expense of keeping the property, the fee for seizure, and 
 the costs of the sale, shall pay all liens according to their 
 priority, which are established as being bona fide and as 
 existing without the lienor having any notice or knowledge that 
 the property was being used or was intended to be used for or in 
 connection with the violation.  The balance of the proceeds must 
 be paid 70 percent to the seizing authority for deposit as a 
 supplement to its operating fund or similar fund for official 
 use, and 20 percent to the county attorney or other prosecuting 
 agency that handled the court proceeding, if there is one, for 
 deposit as a supplement to its operating fund or similar fund 
 for prosecutorial purposes.  The remaining ten percent of the 
 proceeds must be forwarded within 60 days after resolution of 
 the forfeiture to the Department of Human Services to fund 
 programs for the treatment of compulsive gamblers.  If there is 
 no prosecuting authority involved in the forfeiture, the 20 
 percent of the proceeds otherwise designated for the prosecuting 
 authority must be deposited into the general fund.  

    (e) If no demand for judicial determination is made, the 
 property seized is considered forfeited to the seizing authority 
 by operation of law and may be disposed of by the seizing 
 authority as provided where there has been a judgment of 
 forfeiture.  

    Subd. 3. Repealed, 1Sp2001 c 5 art 18 s 11 

    HIST: 1994 c 633 art 2 s 17; 1997 c 129 art 2 s 15; 1Sp2001 c 
 5 art 18 s 4,5