The following describes the seizure procedures for vehicles involved in a felony level driving under the influence (DUI) / fleeing police in a motor vehicle investigation.

The vehicles listed below may be seized during a felony DUI / fleeing police in a motor vehicle investigation and are subject to administrative forfeiture. 

  • All conveyance devices associated with a felony level DUI arrest:

      A. It is presumed under Minnesota Statute 169A.63 that a conveyance device may be seized during a D.U.I. investigation and is subject to forfeiture if:

    1. The driver of the motor vehicle was arrested for behavior in violation of Minnesota Statute 169A.24.
    2. The driver of a motor vehicle was arrested for probable cause DUI and refuses to test upon demand of an officer, and that refusal occurs within 10 years of the first of two qualifying DUI arrests. 
  • All conveyance devices associated with fleeing police in a motor vehicle arrest:

      1.when an officer investigating a felony level DUI / fleeing police in a motor vehicle related crime believes a conveyance device is subject to forfeiture, the officer shall complete and serve the Notice of Seizure and Intent to Forfeit Vehicle/Property and  Property Receipt forms. The vehicle is to be towed to the impound lot with a “Hold” placed on it for the seizure per department policy General Order 445.10: Vehicles Placed on Hold; Release of Hold Vehicles -- Policy. 

                              Note:  The value of a vehicle shall not be taken into account when determining whether or not the seizure process is to be initiated.      

Processing Seized Property for Above Forfeiture Proceedings

The traffic and accident unit forfeiture officer shall be responsible for coordinating the seizure and/or forfeiture efforts and for communication between the investigative unit(s), fiscal affairs unit, property room, impound lot, the office of the chief and the county attorney’s offices.

When any vehicle described above is seized as a result of a felony level DUI / fleeing police in a motor vehicle investigation or arrest, the officer making the seizure must complete the following steps to ensure the effective administration of the seizure process. The Notice of Seizure and Intent to Forfeit Vehicle/Property and Property Receipt forms shall be completed and provided to each person from whom the vehicle is being seized.

  • When a conveyance device (vehicle used for transportation) is seized, the person in possession of the vehicle must receive the seizure notice in person.  The individual from whom the vehicle is seized will be given an opportunity to sign the seizure notice form.  If the person refuses, the appropriate box will be checked.
  • Additionally, all other persons with an ownership interest in the vehicle shall also receive a forfeiture notice (i.e. dual registration, lien holder).  If the owner is not present at the time of the seizure, a forfeiture notice will be sent through certified mail by the narcotics unit administrative office assistant.
  • If no person is present at the location where the vehicle was seized, officers shall leave copies of the notice and receipt in plain view at the seizure location.
  • The seizure form must be dated and signed by the officer or investigator initiating the seizure.
  • A Saint Paul Police case number must be included on all forms. 

Report Writing and Documentation

Saint Paul Police officers seizing property must complete a Saint Paul Police narrative report under a case number generated at the Ramsey County ECC.  Completed police reports and related forms shall follow these guidelines:

  • Describe the vehicle seized i.e. 1988 Ford 500, MN Lic ABC 123, VIN #ABCDEF123456789.
  • The officer will note the mileage of the vehicle seized in the report.
  • Describe the exact location where the vehicle was recovered.
  • Document the name(s), date(s) of birth, and addresses of the individual(s) served with seizure notification forms.
  • Indicate the date of the seizure and location of when the form was served.
  • Document the name of the serving peace officer and whether or not the individual signed or refused to sign the seizure or receipt form.
  • Describe the location where seizure paperwork was left if no one was present at the time of seizure.
  • Reports and forms shall include any incident control numbers from other agencies participating in the investigation.
  • Paperwork Submission
  •         The officer will send the original forfeiture paperwork to the traffic and accident unit forfeiture officer.
  •         The traffic and accident will make notifications and distributions as noted above.  All original forfeiture paperwork will be sent to the narcotics unit administrative office assistant who will enter all notices into asset forfeiture database, and send certified mail notices if necessary. Paperwork includes seizure notices, seized property processing worksheets, property receipts, and reports. 
  • Fleeing police in a motor vehicle offense requires sending a copy of all reports to the narcotics unit administrative office assistant and the Ramsey County Attorney Office no later than the day following the arrest.  Fleeing police in a motor vehicle investigation(s) have a strict timeframe for the initiation of the seizure / forfeiture.
  • Vehicles held for forfeiture are to be entered into the Tow Manager in the same manner as any other vehicle towed or held by the police department.

Police Records Unit

The records unit shall be responsible for maintaining a copy of all seizure paperwork.  All original documents shall be forwarded to the traffic and accident unit who will forward copies as described above.  The narcotics unit will via email weekly to records for them to print out and keep for their record. This includes notice of seizure and intent to forfeit property sheet, property receipt, and a copy of the referral forfeiture case sent to the county attorney.

Narcotics Unit Administrative Office Assistant Seizure Procedures

Upon receiving a Seizure Notice and Property Receipt and additional supporting paperwork through inter-office mail from the traffic and accident unit forfeiture officer, the narcotics unit administrative office assistant will do the following as it relates to felony level DUI and fleeing police in a motor vehicle investigations:

  • Ensure that the Seizure Notice and Property Receipt are complete.  If not, the traffic and accident unit forfeiture officer will be contacted.    The traffic and accident unit forfeiture officer will issue a seizure notice on a vehicle used in a felony level DUI or fleeing police in a motor vehicle regardless of value.  The narcotics unit administrative office assistant will notify the appropriate parties, via certified mail, regarding a vehicle seizure if needed. 
  • The narcotics unit administrative office assistant will build a case file for the seizure.  The case file needed is an exact duplicate of the charging file (criminal histories, search warrants, etc).
  • Traffic and accident unit forfeiture officer will complete the “Information Sheet” and forward to the narcotics unit administrative office assistant for data entry, etc.  The county attorney’s office will then be forwarded the entire file. This process will take no longer than 15 days.  If there is an exception to this time frame, the county attorney’s office will be notified.
  • Copies of all seizure notices will be sent via email weekly from the narcotics unit office assistant to the fiscal affairs manager, impound lot commander, impound lot supervisor, narcotics commander, citywide services senior commander, county attorney’s office, and fiscal affairs unit.
  • If an owner wishes to turn over the title of their vehicle for possession of that vehicle, they will be referred to the county attorney.  The county attorney will then contact the narcotics unit administrative office assistant and the title will be taken in exchange for the vehicle.  Photos of the vehicle will be taken before it is turned over to the owner by the traffic and accident unit forfeiture officer who will document the event.  The narcotics unit administrative office assistant will notify the impound lot, and prepare a notification letter to the State of MN-DVS to "Flag" the vehicle title once the title is received.  The narcotics unit administrative office assistant will also update the data base reflecting the title surrender and notify the fiscal affairs manager via email once the process is completed.

Separation from Seizure Proceedings

Once the administrative forfeiture process is initiated by the police department, there can be no separation from the process unless there is formal agreement (stipulation and release) with the county attorney’s office and the named parties in consultation with the chief’s designee, unless, the following circumstance exists:

  • During a D.U.I. or fleeing investigation evidence indicates third-party ownership interests outweighs the governmental interest in vehicle forfeiture, the citywide services commander shall immediately forward a memo detailing those facts to the chief’s designee for forfeiture matters.  This memo shall include a recommendation on how the matter should be resolved.
  • Decision by the prosecutor not to file criminal charges for which forfeiture can be completed.  The commander shall notify the chief’s designee.

The decision to return any vehicle, for which a seizure notice was issued, shall be made by the chief of police or a designee.  However, once the administrative forfeiture process is initiated by the county attorney’s offices, a separation from the process is no longer at the discretion of the chief of police

If a vehicle involved in a felony level DUI or fleeing police in a motor vehicle investigation is in fact returned to the owner in accordance with the above circumstances, the office of the chief shall then direct the fiscal affairs unit to update the forfeiture database accordingly.  The office of the chief shall also make notification to the impound lot in the form of a copy of the memo or formal agreement initiating the action.  A copy of these documents shall also be forwarded to the fiscal affairs and records unit.

In every case, a certified letter will be sent by the impound lot to the vehicle owner, advising them that they may pick up their property with proper identification.

The release of any property previously held for seizure shall be noted in a supplemental report and the disposition for the vehicle noted in RMS.

Property Storage

Vehicles seized by Saint Paul Police officers shall be stored at the impound lot located at 830 Barge Channel Road. 

All vehicles subject to, and being processed for forfeiture by an officer employed by the Saint Paul Police Department, must be held in the custody of the Saint Paul Police Department.

Fiscal Affairs Unit Procedures

The fiscal affairs unit will ensure that notices are sent to the property room, the impound lot (vehicle), citywide services senior commander (vehicle), the fleet supervisor (vehicle), the narcotics unit, and the records unit.  At that time the database will be updated by the fiscal affairs unit, funds and/or property will be appropriately dispersed, and the Minnesota State Forfeiture Report will be completed and forwarded within 30 days of the date of forfeiture.

Training

All new officers shall receive forfeiture training.  This training will include best practices for timely and fair resolution of forfeiture cases, notice to interest holders, the release of seized property where appropriate, the resolution of claims of innocent ownership, situations in which forfeiture should not be pursued, and any statutory changes.

Additional department considerations:

  • The removal of unlawfully obtained proceeds of criminal activity and the elimination of the instrumentalities used to commit crimes are the principal goals of forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens.
  • All seized property shall be held like evidence until forfeiture is finalized or returned to the claimant or person with an ownership interest. Cash will be deposited within 30 days, unless needed as evidence.
  • When retaining forfeited property for official law enforcement use, the department shall ensure that the property is subject to internal controls consistent with those applicable to property acquired through the normal appropriations process of that entity.
  • Property will not be used unless the forfeiture action has been completed. Forfeited property [redacted] should be sold or added to the regular inventory of the agency. All property shall be used and disposed of in a manner consistent with the use and disposition of similar property.
  • The retention of property for official use shall be approved by the chief of police or his/her designee.
  • Forfeiture proceeds are maintained in a separate fund and subjected to appropriate accounting controls with regular review and audit of all deposits and expenditures. Records of forfeitures shall be kept for a minimum of eight years.
  • If reasonably practicable, civil forfeiture actions should be initiated as independent cases which are not controlled or influenced by the criminal prosecution.

 Revised June 7, 2016

Last Edited: March 20, 2017