2004 Minnesota Statutes

     609.907 Preservation of property subject to forfeiture. 

    Subdivision 1.    Temporary restraining order.  (a) When 
 an indictment or complaint is filed under section 609.903, the 
 district court may take any of the following actions if the 
 prosecuting authority shows by a preponderance of the evidence 
 that the action is necessary to preserve the reachability of 
 property subject to criminal forfeiture: 

    (1) enter a restraining order or injunction; 

    (2) require the execution of a satisfactory performance 
 bond; or 

    (3) take any other reasonable action, including the 
 appointment of a receiver. 

    (b) Before granting the remedies provided by this 
 subdivision, the court shall hold a hearing, after notice to all 
 affected persons, giving them a reasonable opportunity to 
 respond.  At the hearing, the rules of evidence do not apply. 

    Subd. 2.    Preindictment order.  (a) If no indictment 
 or complaint has been filed, the district court may take actions 
 provided in subdivision 1 if the prosecuting authority makes the 
 showing required by subdivision 1 and also shows that:  

    (1) there is probable cause to believe that the property 
 with respect to which the order is sought would, in the event of 
 a conviction, be subject to criminal forfeiture under section 
 609.904; and 

    (2) the requested order would not result in substantial and 
 irreparable harm or injury to the party against whom the order 
 is to be entered, or to other affected persons, that outweighs 
 the need to preserve the reachability of the property.  

    (b) An order entered under this subdivision is effective 
 for a maximum of 90 days unless: 

    (1) extended by the district court for good cause; or 

    (2) terminated by the filing of an indictment or complaint 
 alleging that the property is subject to forfeiture. 

    Subd. 3.    Restraining order without notice.  (a) On 
 application by the prosecuting authority, the district court may 
 grant, without notice to any party, a temporary restraining 
 order to preserve the reachability of property subject to 
 criminal forfeiture under section 609.905 if:  

    (1) an indictment or complaint alleging that property is 
 subject to criminal forfeiture has been filed or the district 
 court determines that there is probable cause to believe that 
 property with respect to which the order is sought would, in the 
 event of a conviction, be subject to criminal forfeiture under 
 section 609.905; 

    (2) the property is in the possession or control of the 
 party against whom the order is to be entered; and 

    (3) the district court makes a specific finding in writing 
 that the property can be concealed, disposed of, or placed 
 beyond the jurisdiction of the court before any party may be 
 heard in opposition.  

    (b) A temporary restraining order granted without notice to 
 any party under this subdivision expires within the time fixed 
 by the court, not to exceed ten days.  The court may extend the 
 order for good cause shown, or if the party against whom it is 
 entered consents to an extension.  After a temporary restraining 
 order is granted under this subdivision, a hearing concerning 
 the entry of an order under this section shall be held at the 
 earliest practicable time and before the temporary order expires.

    HIST: 1989 c 286 s 10