2001 Minnesota Statutes

     97A.221 Seizure and confiscation of property. 

    Subdivision 1.    Property subject to seizure and 
 confiscation.  (a) An enforcement officer may seize: 

    (1) wild animals, wild rice, and other aquatic vegetation 
 taken, bought, sold, transported, or possessed in violation of 
 the game and fish laws or chapter 84 or 84D; and 

    (2) firearms, bows and arrows, nets, boats, lines, poles, 
 fishing rods and tackle, lights, lanterns, snares, traps, 
 spears, dark houses, fish houses, and wild rice harvesting 
 equipment that are used with the owner's knowledge to unlawfully 
 take or transport wild animals, wild rice, or other aquatic 
 vegetation and that have a value under $1,000 are subject to 
 this section.  

    (b) An item described in paragraph (a), clause (2), that 
 has a value of $1,000 or more is subject to the provisions of 
 section 97A.225. 

    (c) An enforcement officer must seize nets and equipment 
 unlawfully possessed within ten miles of Lake of the Woods or 
 Rainy Lake.  

    Subd. 2.    Seizure of commingled shipments.  A whole 
 shipment or parcel is contraband if two or more wild animals are 
 shipped or possessed in the same container, vehicle, or room, or 
 in any way commingled, and any of the animals are contraband.  
 Seizure of any part of a shipment includes the entire shipment.  

    Subd. 3.    Procedure for confiscation of property seized. 
  The enforcement officer must hold the seized property.  The 
 property held may be confiscated when:  

    (1) the person from whom the property was seized is 
 convicted; or 

    (2) the property seized is contraband consisting of a wild 
 animal, wild rice, or other aquatic vegetation. 

    Subd. 4.    Disposal of confiscated property.  
 Confiscated property may be disposed of or retained for use by 
 the commissioner, or sold at the highest price obtainable as 
 prescribed by the commissioner.  Upon acquittal or dismissal of 
 the charged violation for which the property was seized, all 
 property, other than contraband consisting of a wild animal, 
 wild rice, or other aquatic vegetation, must be returned to the 
 person from whom the property was seized. 

    HIST: 1986 c 386 art 1 s 37; 1987 c 149 art 1 s 19; 1Sp1995 c 
 1 s 20; 1996 c 385 art 2 s 6