Freqently Asked Questions - Forfeiture & Impoundment

For certain alcohol-related offenses, MN law says that vehicles can be seized by law enforcement and forfeited.

If the offense is related to controlled substances (drugs), Minn. Stat. § 609.5314 allows for the following property to be seized by law enforcement and forfeited along with the drugs:

All money totaling $1,500 or more, precious metals, and precious stones if there is probable cause to believe that they represent the profits of a drug offense;
All money found near the drugs when there is probable cause to believe the money was exchanged for the purchase of drugs;
All vehicles with a value of $100 or more if there is probable cause to believe that the vehicle was used in the transportation or exchange of drugs meant to be sold or distributed; and
All firearms, ammunition, or firearm accessories found either in the vehicle that was used or meant to be used to commit a felony drug violation under Minn. Stat. ch. 152, near you when you were arrested, or on the premises where drugs were seized.

If your vehicle was being driven by someone else while they were allegedly under the influence of controlled substances (drugs) or alcohol, law enforcement can still seize it. If you qualify as an innocent owner under the law because you did not have any knowledge that the vehicle would be used to break the law or you tried to stop the vehicle from being used to break the law, you may be able to get your property back without going to court.

If you believe you are an innocent owner, you may bring an innocent owner claim by notifying the prosecuting authority of your ownership interest in writing no later than 60 days after being served with the Notice of Seizure and Intent to Forfeit. Your written notice to the prosecuting authority does not get filed with the court.

After receiving an innocent owner notice, the prosecuting authority may release (return) the vehicle or may go forward with the forfeiture by filing a separate complaint with the court and serving you with a copy. See Minn. Stat. § 169A.63, subd. 7a (alcohol-related vehicle seizure) and Minn. Stat. § 609.5314, subd.1a (controlled substances-related vehicle seizure).

If you don’t know whether you are an innocent owner or if you have questions about asserting an innocent owner claim, you may want to consider getting legal advice.

If you were the person arrested and you want to try to get your property back, you may need to file paperwork with the court to ask that the property be returned to you. There are different forms depending on the value of the property seized and the reason the property was seized.

You must serve and file your forms no later than 60 days after you are served with the Notice of Seizure and Intent to Forfeit. See the Forms tab for more information.

Innocent Owners: If you are the owner of a motor vehicle that was seized while someone else was driving, and you did not know that the vehicle would be used to break the law or you tried to stop the vehicle from being used to break the law, you may ask for the return of your vehicle directly from the prosecuting authority.

You can do this by notifying the prosecuting authority in writing of your ownership interest within 60 days of being served with the Notice of Seizure and Intent to Forfeit. See What if I was not the person driving at the time that my vehicle was taken by law enforcement? for more information.

No, forfeiture is a separate civil process. If you are being charged in a criminal case, the purpose of the criminal case is to decide whether you have broken the law and if so, what the consequences may be. If you have an attorney representing you in your criminal case, that attorney may or may not be able to help you with your forfeiture case. If you have a criminal attorney, it is a good idea to ask them if they can help you ask for your property to be returned. Public defenders appointed by the court are not able to help with forfeiture cases.

If the license plates on one motor vehicle were impounded, the plates on all the vehicles that you own or co-own will also be impounded. You can file a petition to ask the court to review the decision. If the court does not return your plates to you, you may be able to ask the MN Department of Public Safety (Driver & Vehicle Services) to give you Special Registration Plates. These plates would allow you to continue to lawfully use your motor vehicle with some restrictions.

If you file forfeiture paperwork, you need to serve a copy of your paperwork on the other party or parties in your case. Who the other party or parties are depends upon your individual circumstances:

For a controlled substance (drug) offense: If the property or vehicle was seized due to a drug offense, you need to serve the prosecuting authority in the county where the offense happened. See Minn. Stat. § 609.5314, subd. 3.
For an alcohol-related offense: If the vehicle was seized due to an alcohol-related offense, you will need to serve the prosecuting authority that has jurisdiction over the forfeiture. See Minn. Stat. § 169A.63. Generally, this will be the county or city attorney responsible for prosecuting the criminal offense. Deciding which office needs to be served (either the city attorney or the county attorney) depends upon the level of offense you have been charged with in your criminal case and which law enforcement agency made the arrest:
- If you or the driver of the vehicle have been charged with a felony, you will need to serve the county attorney.
- If you or the driver of the vehicle have been charged with a misdemeanor or gross misdemeanor, you will generally need to serve the city attorney for the city where the offense happened. There may be some exceptions.
- If the forfeiture was started by a state agency such as the State Patrol, you may need to serve different or additional agencies such as the Attorney General’s Office or its designee.

We strongly encourage you to talk to a lawyer if you are unsure who to serve in your case.

Forfeiture and Impoundment

Frequently Asked Questions

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Forfeiture and Impoundment

Frequently Asked Questions

Why was my property seized and what is law enforcement allowed to take?

What if I was not the person driving at the time that my vehicle was taken by law enforcement?

How do I get my property back?

How long do I have to file my paperwork with the court?

Where do I file my forfeiture paperwork?

Is there a fee to file my forfeiture paperwork?

How soon after filing my paperwork will my forfeiture hearing happen?

Will forfeiture be handled in my criminal case?

If I am never charged criminally or the criminal charges are dismissed, will my property be automatically returned?

What if my license plates were impounded?

What if my driver’s license is being revoked for implied consent?

How do I know who to serve with my forfeiture paperwork?

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