439.17 Property Seized for Administrative Forfeiture

This policy is being adopted pursuant to Minnesota law governing seizure and subsequent forfeiture actions and the requirements of Minn. Stat. 609.531, Subd. 8 (a) and (d) and applies to vehicle forfeiture actions initiated by the Saint Paul Police Department under Minnesota State law. Seizure is the action of taking the property and issuing notice. Forfeiture is the court process following the seizure.

The pursuit of seizure actions under Minnesota law is an important process to insure that those involved in criminal activity are not allowed to keep the proceeds of their crimes as well as seize property used to facilitate the commission of a crime. It is important that such actions be done in accordance with the law and with respect for the rights of the person(s) from whom the property is seized. All property seized by the Saint Paul Police Department pursuant to forfeiture shall be processed in accordance with these guidelines.

Under Minnesota State law, forfeiture must be liberally construed to carry out the following remedial purposes:

1. To enforce the law;
2. To deter crime;
3. To reduce the economic incentive to engage in criminal enterprise;
4. To increase the monetary loss resulting from the detection of criminal activity; and
5. To forfeit property unlawfully used or acquired and divert the property to law enforcement purposes.

Procedures:

Revised April 8, 2014