Did the Police Seize Your Property? A Minnesota Attorney Explains How to Fight to Get It Back
It happened so fast. During an arrest or a police investigation, they didn’t just put you in handcuffs—they took your property. It could have been your car, cash you had on you, or other valuable items from your home. Now, you’ve received a “Notice of Seizure and Intent to Forfeit,” and you’re learning that the government is trying to keep your property permanently. You feel violated and powerless. You worked hard for what you own, and now an agency is trying to take it away from you based on an accusation. How is this even possible?
This process is called civil asset forfeiture, and it’s one of the most aggressive tools law enforcement in Minnesota can use. They will claim your property was used in or is the proceeds of a crime. It might be your car that was seized after a DWI arrest in Minneapolis, cash found during a drug investigation in St. Paul, or a vehicle that a friend or family member used to commit a crime in Rochester without your knowledge. You’re not just fighting a criminal charge; you’re now in a separate, parallel battle to reclaim what is rightfully yours.
You do not have to let them win. I am a Minnesota criminal defense attorney who fights for people like you every single day. I’ve challenged forfeiture actions across the state, from Hennepin and Ramsey counties to the courtrooms in Duluth, St. Cloud, and throughout Greater Minnesota. The law has strict rules the government must follow, and in Minnesota, they generally can’t keep your property unless they convict someone of a crime. But you have to act fast. Forfeiture cases have tight deadlines, and missing them can mean losing your property forever. You don’t have to face this complex legal battle alone.
What Civil Forfeiture Actually Means in Minnesota
Unlike a criminal case, which is brought against a person, a forfeiture action is a civil lawsuit brought against your property. The legal fiction is that your car, your cash, or your home is the “defendant” because it was allegedly involved in a crime. This is called an in rem action. For example, if you are facing Minnesota DWI charges and your vehicle was seized, you will have two separate legal cases: the criminal DWI case against you, and the civil forfeiture case against your vehicle.
A Minnesota forfeiture accusation can feel deeply unfair, especially when the property belongs to someone who wasn’t even involved in the alleged crime—the “innocent owner.” The government’s goal is purely financial: to take your asset and add it to its own coffers. Under Minnesota Statute § 609.531, law enforcement can seize property they believe is connected to a “designated offense,” which includes a long list of crimes from felony DWIs to drug offenses and theft. Understanding that you are fighting a civil lawsuit, not a criminal penalty, is the first critical step in building a strategy to get your property back.
Minnesota’s Forfeiture Law — Straight from the Statute
The laws governing how and when the government can seize and keep your property are found in Minnesota Statute § 609.531 and the sections that follow. This statute outlines the definitions, the process for seizure, and the requirements the government must meet. One of the most important parts of this law for property owners in Minnesota is the requirement of a criminal conviction before most forfeitures can be finalized.
Here is some of the key language from the statute that governs your rights:
609.531 FORFEITURES.
Subd. 4. Seizure. (a) Property subject to forfeiture under sections 609.531 to 609.5318 may be seized by the appropriate agency upon process issued by any court having jurisdiction over the property. Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) 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
(3) 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: (i) the property was used or is intended to be used in commission of a felony; or (ii) the property is dangerous to health or safety…
Subd. 6a. Forfeiture a civil procedure; conviction required. (a) An action for forfeiture is a civil in rem action and is independent of any criminal prosecution, except as provided in this subdivision.
(b) An asset is subject to forfeiture by judicial determination under sections 609.5311 to 609.5318 only if…a person is convicted of the criminal offense related to the action for forfeiture…
Breaking Down the State’s Forfeiture Process in Minnesota
For the government to successfully forfeit your property, it can’t just decide to keep it. It has to follow a specific legal process and meet a high burden of proof. As your attorney, my job is to hold the government to these strict requirements and find where their case fails. This isn’t a criminal proceeding where they must prove guilt “beyond a reasonable doubt,” but they still face a significant hurdle. Understanding this process is key to fighting back effectively.
- The Seizure: First, the government must have lawfully seized your property. This usually happens during a legal arrest or a search conducted with a warrant. They can’t just take your property without a valid reason. If the initial stop, search, or arrest was illegal, it can invalidate the entire forfeiture action from the start. We will scrutinize the police report and all evidence to see if your constitutional rights were violated at the time of the seizure.
- Connection to a Designated Offense: The government must prove your property is connected to a specific crime. They must show it was either used to commit the crime (like a car in a DWI) or represents the proceeds of a crime (like cash from a drug sale). If we can show that the property was not linked to the alleged offense, the forfeiture must fail. For example, cash you just withdrew from the bank for rent is not “proceeds” of a crime.
- The Burden of Proof: In Minnesota, the government bears the burden of proving its case by clear and convincing evidence. This is a higher standard than the “preponderance of the evidence” standard used in most civil cases.1 They must present strong, compelling evidence that the property is subject to forfeiture. My job is to attack their evidence and show the court that they have not met this high legal standard.
- A Required Criminal Conviction: This is the most important protection you have in Minnesota. With few exceptions, the government cannot permanently keep your property unless and until someone is convicted of the related criminal offense. If the criminal charges are dismissed, or if you or the accused person is found not guilty at trial, the forfeiture action against your property must also be dismissed. This makes fighting the underlying criminal case absolutely critical.
The Stakes: What Property Can Be Forfeited in Minnesota?
The government’s power to seize property is broad and can impact your most valuable assets. The goal of the law is to remove the tools and profits of criminal activity, but it often sweeps up the property of ordinary people. Understanding what is at risk is the first step toward protecting it. The Minnesota sentencing for the related crime is separate; this is about the permanent loss of your property.
Vehicle & Conveyance Forfeiture
This is the most common type of forfeiture. Any “conveyance device”—a car, truck, boat, snowmobile, or motorcycle—can be seized if the government alleges it was used to commit a designated offense. This is especially prevalent in DWI cases, where a vehicle can be forfeited for certain repeat offenses or high-test readings, as well as in cases involving drug transportation.
Cash & Financial Instrument Forfeiture
The government can seize cash, checks, or other financial instruments if they claim it is the “proceeds” of a crime or was “used to facilitate” a crime. Police are often quick to assume that any significant amount of cash found during an arrest is connected to illegal activity, even if you have a perfectly legitimate reason for carrying it.
Weapons & Firearm Forfeiture
Firearms or other dangerous weapons can be forfeited if they were used or possessed in furtherance of a crime. This is separate from any potential loss of firearm rights that comes with a felony conviction. The government will move to take ownership of the specific weapon involved in the alleged offense.
What Forfeiture Looks Like in Real Life — Common Scenarios in Minnesota
Forfeiture actions often arise from situations that are confusing and frightening. The government’s power can be used in ways that feel fundamentally unjust. These are just a few scenarios that could lead to a notice of forfeiture landing in your mailbox.
The DWI Vehicle Seizure in Bloomington
You are arrested for a second DWI within ten years in Bloomington. Because this is a designated offense, the police not only charge you criminally but also seize your vehicle for forfeiture. Now, on top of facing criminal penalties like jail time and license revocation, you are at risk of losing your car permanently. Your ability to get to work and live your life is on the line.
The Innocent Owner in St. Paul
You let your adult child borrow your car to run errands in St. Paul. Unbeknownst to you, they are arrested for a crime that triggers forfeiture, and your car is seized. You had no idea what they were going to do and are completely innocent. The government doesn’t care—they will still try to take your car. You now must affirmatively prove you are an “innocent owner” to get your property back.
The Cash Seizure in a Minneapolis Apartment
Police execute a search warrant at your Minneapolis apartment looking for your roommate, who they suspect of drug dealing. They find a safe in your room containing $5,000 cash that you saved from your job to pay for school tuition. They seize the money, claiming it is drug proceeds. You now have the burden of fighting to prove your money is legitimate.
The Disputed Property in a Duluth Home
During the execution of a search warrant at a home in Duluth, police seize various items they claim are connected to a theft ring, including tools, electronics, and other valuables. Some of these items rightfully belong to you and had nothing to do with any alleged crime. You are now forced to navigate the complex civil forfeiture process to identify and reclaim your specific property from the government.
Challenging the Seizure: How to Get Your Property Back
Receiving a forfeiture notice can make you feel helpless, but you have powerful rights and defenses available. An immediate and aggressive response is essential. As your attorney, I will analyze every detail of the seizure and the underlying criminal case to build a powerful defense strategy. We will force the government to meet its burden of proof and find every opportunity to get your property returned.
Fighting a forfeiture is not a passive process. We must take the offensive. This starts with filing a timely demand for a judicial determination, which is a formal legal document telling the government that you are not walking away from your property and that you demand they prove their case in court. This is the first and most critical step.
The Innocent Owner Defense
This is one of the strongest defenses to forfeiture in Minnesota. If your property was used in a crime by someone else without your knowledge or consent, you may be able to get it back. This defense is specifically designed to protect innocent people from being punished for the actions of others.
- No Knowledge of the Crime: We will work to prove that you had no idea the person using your property was going to commit a crime. This could involve showing a history of them using your car responsibly or providing testimony about your relationship and expectations.
- You Didn’t Consent: We must also show that you did not give permission for your property to be used for an illegal purpose. You may have given them permission to drive your car, but you did not consent to them using it to transport drugs or commit a DWI.
No Link Between the Property and the Crime
The government must prove a direct link—or “nexus”—between your property and the alleged offense. If they cannot establish this connection with clear and convincing evidence, the forfeiture must fail.
- Not Proceeds of Crime: If cash was seized, we can fight to show it came from a legitimate source. We can use pay stubs, bank statements, tax returns, or witness testimony to prove the money was earned lawfully and was not the proceeds of illegal activity.
- Not an Instrument of Crime: We can argue that the property was not actually used to “facilitate” or commit the crime. For example, if a small amount of a controlled substance was found in your car for personal use, we can argue the car itself wasn’t an instrument of a larger criminal enterprise.
Improper Seizure and Procedural Errors
The police and prosecutors have to follow the rules perfectly. If they make a mistake at any stage of the seizure or forfeiture process, it can be grounds for getting your property back.
- Unlawful Search and Seizure: If the police found the property during a search that violated your Fourth Amendment rights (e.g., an illegal traffic stop or a search without a valid warrant), the property may be considered “fruit of the poisonous tree” and must be returned.
- Missed Deadlines: The government operates under very strict statutory deadlines for filing the forfeiture complaint. If they miss their deadline by even one day, they can lose their right to pursue the forfeiture, and your property must be returned.
Winning the Underlying Criminal Case
Because Minnesota law requires a criminal conviction for most forfeitures, the single most effective way to guarantee you get your property back is to win the criminal case.
- Dismissal of Charges: If I can get the criminal charges against the defendant dismissed due to lack of evidence, a constitutional violation, or any other reason, the forfeiture action dies with it.
- “Not Guilty” Verdict: An acquittal in the criminal trial automatically defeats the forfeiture. The government cannot lose the criminal case and still win the civil forfeiture case. This is why you need an attorney who is skilled in both criminal defense and forfeiture law.
Minnesota Forfeiture FAQs — What You Need to Know Now
The civil forfeiture process is confusing, and it’s natural to have questions. Here are clear answers to some of the most common concerns my clients have.
Do I have to be convicted of a crime to lose my property?
In Minnesota, for most forfeiture cases, yes. The law generally requires that a person be convicted of the underlying criminal offense before the government can permanently take the property. This is a crucial protection that gives us leverage. If the criminal case is won, the property is returned.
Can I get my car back while the forfeiture case is pending?
Often, yes. Under Minnesota Statute § 609.531, subdivision 5a, you may be able to get your vehicle back by either posting a bond for its value or, in many cases, simply by surrendering the vehicle’s certificate of title to the seizing agency. This allows you to use your car while we fight the case.
What is the “innocent owner” defense?
The innocent owner defense is for people whose property was taken because someone else used it in a crime without their knowledge or consent. If you can prove you were unaware of the illegal activity, you can get your property back even if the person who used it is convicted. This commonly applies to parents, spouses, or friends who lend their vehicle to someone.
Do I really need a lawyer to get my property back?
Yes, absolutely. Forfeiture is a complex civil legal proceeding with strict deadlines and rules of evidence. The government has attorneys working to keep your property. Trying to navigate this process alone is extremely difficult and puts you at a significant disadvantage.
What happens if I ignore the forfeiture notice?
If you do nothing, you will lose by default. The government will file for a default judgment, and the court will grant it, giving them permanent ownership of your property without you ever getting a chance to tell your side of the story. You MUST respond before the deadline.
How quickly do I need to act?
You need to act immediately. You have a very limited time—often 60 days—from the date of the notice to file a formal demand for a judicial determination. If you miss this deadline, you lose your right to challenge the forfeiture forever.
How much does it cost to fight a forfeiture case?
The cost will vary depending on the complexity of the case. However, you should consider the value of the property you stand to lose. Fighting to get your $20,000 car back is an investment in protecting your assets. I offer clear, straightforward fee agreements so you know exactly what to expect.
Is Minnesota forfeiture the same as federal forfeiture?
No, they are very different. Minnesota state law provides much stronger protections for property owners, most notably the conviction requirement. Federal law does not require a conviction, making it much easier for the federal government to forfeit property. It is critical to know which system you are in.
The police took a lot of cash from me. How can I prove it was legitimate?
We can use various forms of evidence, such as recent bank withdrawal slips, pay stubs, tax records, proof of asset sales (like selling a car), or testimony from people who can verify the source of the money. The burden is on the government to prove it’s illicit; our job is to show them they’re wrong.
My car is in my spouse’s name. Can they still take it if I was the one arrested for DWI?
Yes. The forfeiture action is against the property itself, regardless of whose name is on the title. However, your spouse may be able to file an innocent owner claim to get the vehicle back if they can prove they had no knowledge of your intent to commit the crime.
What does “clear and convincing evidence” mean?
It means the government must present evidence that is highly and substantially more likely to be true than untrue. It is a tougher standard to meet than the “preponderance of the evidence” standard in most civil cases, which just means “more likely than not.”
Will fighting the forfeiture hurt my criminal case?
No. In fact, fighting them together is often the best strategy. The two cases are legally separate, and your testimony in the forfeiture proceeding is often protected from being used against you in the criminal case. A coordinated defense is the most effective approach.
Can the police seize property even if no one is arrested?
It is very rare. Typically, a seizure is done “incident to a lawful arrest.” While the statute allows for seizure without an arrest in some emergency situations, it is uncommon, and the government would have to start a forfeiture action very quickly.
What if I win? Does the government have to pay my attorney’s fees?
In some specific circumstances, yes. If you are a prevailing party in a forfeiture case related to a DWI, for example, the law may require the agency to pay your reasonable attorney’s fees. This can make fighting back an even more powerful option.
What’s the first step I should take?
Call a Minnesota forfeiture attorney immediately. Bring the seizure notice and any other documents you have. The deadlines are absolute, and the sooner we can get to work building your case and filing the necessary paperwork, the better your chances are of getting your property back.
The Ripple Effect: How a Forfeiture Impacts Your Life
Losing your property through civil forfeiture is more than just a financial loss; it creates waves that disrupt your entire life. This process is intertwined with a criminal accusation, and together they create a heavy burden. The consequences go far beyond the courtroom and can affect your stability, financial health, and sense of security for years to come.
The Devastating Financial Loss
The most immediate impact is the loss of a valuable asset. If the government forfeits your vehicle, you lose your means of transportation to work, school, and medical appointments. This can jeopardize your employment and create immense logistical challenges. If they forfeit cash you had saved for rent, tuition, or an emergency, you are suddenly in a financial crisis. This loss isn’t a fine paid over time; it’s an immediate, and often catastrophic, removal of your assets.
The Shadow on Your Criminal Record
While the forfeiture itself is a civil action, it is inextricably linked to a criminal case. The underlying criminal charge that triggered the forfeiture will appear on your record, carrying all the standard collateral consequences. A “designated offense” is often a serious gross misdemeanor or felony, which can create massive barriers to employment, housing, and professional licensing opportunities. The forfeiture becomes a permanent reminder of the criminal charge it was attached to.
The Stress and Violation of a Two-Front War
Fighting a legal battle on two fronts is exhausting. You are simultaneously trying to defend your liberty in criminal court while fighting to reclaim your property in civil court. The process is confusing, time-consuming, and emotionally draining. Many people feel a deep sense of injustice, as if they are being punished twice for the same alleged act. This constant stress can take a toll on your health, your relationships, and your overall well-being.
The Difficulty of Moving Forward
Losing a significant asset can set you back for years. It can damage your credit, drain your savings, and make it harder to achieve financial stability. Forfeiture is designed to take the profit out of crime, but in reality, it often takes the foundation out from under hardworking people. Rebuilding after such a significant, state-sanctioned financial blow is a long and difficult road. You deserve an attorney who understands not just the legal stakes, but the human cost as well.
Why You Need a Tough, Experienced Minnesota Forfeiture Attorney
When the government sets its sights on your property, you need a defender who understands this unique and complicated area of law. This is not a simple legal matter you can handle on your own. Public defenders are dedicated lawyers, but they are often prohibited from representing clients in civil forfeiture matters, leaving you to fight for your property alone. You need a private attorney who can fight for you on both the criminal and civil fronts.
I Handle Both Cases as One Coordinated Defense
The most effective way to fight forfeiture is to have one attorney handle both the criminal charge and the civil forfeiture action. I understand how these two cases influence each other. A strategic move in the criminal case can be the key to winning the forfeiture case, and vice versa. I will build a comprehensive strategy designed to protect both your freedom and your property. This unified approach prevents things from falling through the cracks and ensures that every decision is made with the full picture in mind.
I Understand the Deadlines and Complex Procedures
Civil forfeiture is governed by a maze of strict deadlines and procedural requirements. Missing a deadline to file a demand means you automatically lose your property. Filing the wrong document or failing to properly serve the prosecuting attorney can also be fatal to your case. I know these rules inside and out. I will ensure every step is taken correctly and on time, preserving your right to challenge the seizure and forcing the government to prove its case in court.
I Know How to Challenge the Government’s Evidence
The government thinks it can simply claim your property was connected to a crime. I make them prove it. I will meticulously review the police reports, videos, and witness statements to find the weaknesses in their case. Was the traffic stop that led to the seizure illegal? Can they prove the cash they took wasn’t from a legitimate source? Is their “evidence” anything more than speculation? I will attack their case at every point and hold them to their burden of proving their claim by clear and convincing evidence.
My Goal is to Get Your Property Back, Period.
When you hire me, you are hiring a relentless advocate whose mission is to make you whole again. Whether that means negotiating a settlement to have your property returned quickly, fighting for you in a forfeiture trial, or winning the underlying criminal case to make the whole issue go away, I am focused on results. I have helped clients across Minnesota, in Minneapolis, St. Paul, Eagan, Brooklyn Park, and beyond, stand up to the government and reclaim what is rightfully theirs. You don’t have to accept this. You can fight back.