Forfeiture
Protecting Your Rights
What do I do if police have seized my property?
Sometimes it is not your freedom but your property on the line when the police come calling. Criminal investigations by the police can result in the forfeiture of your property, even if you are never charged with a crime. Under Minnesota Statutes, police can seize any property if
- the seizure is incident to a lawful arrest or a lawful search;
- the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
- the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that:
- the property was used or is intended to be used in commission of a felony; or
- the property is dangerous to health or safety.
This means that if you are driving your car and are stopped for felony DWI or drug charges, the police can seize your car. If police believe you are selling drugs, they can take cash if they believe it is intended to be used in the commission of a felony. Any property that they believe is part of a crime, police will take and keep.
Some common things police will seize and order forfeited are:
- Cash
- Weapons
- Cars or trucks
- Computers
Less commonly, police can order other items seized and forfeited; sometimes up to and including your house! Anything they believe was used in the commission of a felony can be seized.
The procedure the police use is fairly easy, and they don’t even have to justify taking your property. It is up to you to challenge the seizure. Worse, any decision on the property they seized may be delayed months or years while any possible criminal case is pending.
What can you do? First, you must act within a very short period of time – often as little as two months – to try and get your property back. Then you have to take the case to court and challenge the police over what they took from you. Having an attorney helping you through this process can make it much easier, and make it more likely that you will recover the things that were taken from you. If you had property seized, forfeiture attorneys from MET Law Group can help you recover them. Call us today to schedule a free consultation.
Information is power. Be heard.
T.J. Streff is an attorney with experience in labor and employment law, and has worked as an advocate for our teachers here in the Twin Cities. Now he will be an advocate for you.