A Minnesota Forfeiture Lawyer on Defending Your Rights When Police Take Your Property Under Minn. Stat. § 609.5312
The police have taken your car, your computer, or your cash. You’ve been handed a notice saying your property was used in a crime—perhaps fleeing the police, a prostitution-related offense, or some other “designated offense”—and now it belongs to the government. You are left feeling powerless, angry, and confused. You might be the one facing a criminal charge, or you could be a completely innocent parent, spouse, or friend whose property was used by someone else without your knowledge. To the government, it makes no difference. They have initiated a civil asset forfeiture action, a bizarre legal process where they sue your property directly, and the burden falls on you to prove its innocence.
This system is outrageously unfair. In Minnesota, the government can seize your most valuable assets, and their primary motive is often profit. Forfeiture funds are used to pad law enforcement budgets, creating a perverse incentive to take property first and ask questions later. They are counting on you being too intimidated or confused to fight back. But you have constitutional rights, and this is a fight you can and must wage. I have stood up for people across Minnesota whose property was unjustly seized, from vehicle forfeitures in Minneapolis and St. Paul to computer and cash seizures in Rochester, Duluth, and their suburbs. You do not have to accept this. This is a fight for your property, and you don’t have to do it alone.
What “Designated Offense Forfeiture” Means in Minnesota
When you receive a forfeiture notice under Minnesota Statute § 609.5312, it means the government is trying to take your property because they allege it is connected to a specific list of crimes known as “designated offenses.” This is a broad category that includes many crimes beyond drug offenses, such as fleeing a peace officer, prostitution-related offenses, computer crimes, and many more. The government’s legal claim is that your property was either an “instrument” used to commit the crime or the “proceeds” gained from it. This is a civil lawsuit, which runs parallel to, but is separate from, any criminal charges.
The government’s goal is to get a court order giving them permanent ownership of your property. An “instrument” is property that facilitates a crime, like the car used to flee police or the computer used to commit fraud. “Proceeds” are the profits of a crime, like cash earned from prostitution. In some cases, the government can win the forfeiture case even if you are never convicted of the underlying crime. However, for certain vehicle forfeitures, like those involving fleeing or prostitution, Minnesota law provides a crucial protection: the government cannot forfeit your vehicle unless there is a criminal conviction for that specific offense. Understanding these distinctions is critical to fighting back.
The Law on Forfeiture — Straight from Minnesota Statute § 609.5312
The government’s authority to seize property connected to non-drug offenses is outlined in a complicated statute full of specific rules and exceptions. The controlling law is Minnesota Statute § 609.5312, titled “Forfeiture of Property Associated with Designated Offenses.” This law details what can be taken and under what circumstances.
The broad scope of this power is laid out in Subdivision 1 and 1a of the statute. This is the language the government will use to justify its actions against your property.
609.5312 FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES.
Subdivision 1.Property subject to forfeiture. (a) All personal property is subject to forfeiture if it was used or intended for use to commit or facilitate the commission of a designated offense. All money and other property, real and personal, that represent proceeds of a designated offense, and all contraband property, are subject to forfeiture, except as provided in this section.
Subd. 1a.Computers and related property subject to forfeiture. (a) As used in this subdivision, “property” has the meaning given in section 609.87, subdivision 6.
(b) When a computer or a component part of a computer is used or intended for use to commit or facilitate the commission of a designated offense, the computer and all software, data, and other property contained in the computer are subject to forfeiture…
Deconstructing the Government’s Claim to Your Property
Even with a system tilted in their favor, the government must still prove its case in court. To keep your property, the prosecutor has the burden of proving that it is subject to forfeiture under the law. My role is to scrutinize their evidence, challenge their legal arguments, and expose the weaknesses in their case. A forfeiture action is a lawsuit, and I am here to fight for you to win it.
- A “Designated Offense” Must Have Occurred: The entire forfeiture case is contingent upon a qualifying crime. The government must first provide evidence that a “designated offense” actually took place. If the underlying criminal allegations are weak or cannot be proven, the justification for taking your property evaporates.
- The Property’s Link to the Crime: The government must establish a direct link between your property and the alleged crime. They must prove it was either an instrument used to commit the offense or proceeds derived from it. For example, simply having a computer in a house where a crime occurred is not enough; they must show that specific computer was used in the crime. We will challenge the sufficiency of their evidence connecting your asset to the offense.
- Special Requirement: A Criminal Conviction is Necessary for Some Vehicle Forfeitures: This is a critical point. Under Subdivisions 3 and 4 of the statute, if the government wants to forfeit your vehicle for an alleged act of fleeing the police or for a prostitution-related offense, they must secure a criminal conviction against the driver for that specific crime. If the criminal charges are dismissed, or if the person is acquitted at trial, the government’s forfeiture case is automatically defeated and they must return your vehicle.
The Property at Risk: What the Government Can Take
This forfeiture statute gives the government the authority to seize a wide range of your personal property. The goal is to take anything they can argue is connected to a designated offense, stripping you of your valuable assets.
Your Motor Vehicle
Cars, trucks, and motorcycles are the most common targets of forfeiture under this statute, especially in cases involving allegations of fleeing a peace officer or prostitution. Losing your vehicle can be catastrophic, impacting your ability to work, care for your family, and maintain your independence.
Your Computer and Digital Property
The law specifically allows for the seizure of computers, hard drives, software, and the data they contain if used to commit a designated offense like fraud or illegal pornography offenses. In a particularly outrageous provision, the government can even charge you a fee to “clean” your hard drive and return your legal files and personal photos, essentially holding your memories hostage.
Cash and Other Personal Property
Any money or other personal property that the government claims represents the proceeds of a designated offense can be seized. This can include cash, phones, televisions, jewelry, or any other asset they allege was purchased with illicit funds or used to facilitate a crime.
Real-Life Forfeiture Scenarios in Minnesota
A forfeiture action often begins with a sudden and disorienting encounter with law enforcement, turning a normal day into a fight for your property. Here are some common situations where your assets could be seized under this law.
The Fleeing Charge in Minneapolis
Your teenage son takes your car for a joyride with his friends in Minneapolis. He sees police lights, panics, and drives for a few blocks before pulling over. He is arrested and eventually convicted of fleeing a peace officer. Days after his arrest, you receive a notice in the mail: the Hennepin County Attorney’s Office has filed a forfeiture action to permanently take your car because it was the “instrument” of the crime.
The Prostitution Sting in a St. Paul Suburb
You are arrested in a prostitution sting in a suburb like Brooklyn Park or Plymouth after allegedly arranging a meeting online. When you arrive at the designated location, police arrest you and immediately seize your car, claiming it was used to “facilitate” the commission of the offense. Now, on top of defending against a criminal charge, you must also fight a separate civil lawsuit just to get your vehicle back.
The Computer Seizure in Rochester
Police execute a search warrant at your home in Rochester as part of an investigation into online financial fraud. They seize your home computer, which contains not only evidence related to the investigation but also years of your family photos, personal documents, and business records. They inform you that even if you are cleared, you may have to pay them hundreds of dollars in “costs” to separate your legal files from the “contraband” before they will return your hardware.
The Innocent Owner’s Dilemma in Duluth
You live in Duluth and you own a car. Without your knowledge, your roommate borrows your car and uses it to commit a designated offense. Your roommate is arrested, and your car is seized. You are completely innocent, but the burden is now on you to navigate the court system and affirmatively prove that you had no knowledge of and did not consent to the illegal act. If you fail, you lose your car forever because of your roommate’s actions.
Fighting to Get Your Property Back: Forfeiture Defenses That Win
Facing a government lawsuit to take your property can feel like an impossible fight, but it is a fight that can be won. The law provides several powerful defenses, and an experienced attorney knows how to use them to protect your rights and get your property back. We will not let the government steamroll you. We will force them to meet their burden of proof and hold them accountable for any procedural errors or constitutional violations.
My approach is aggressive and proactive. We will immediately challenge the basis for the seizure, demand the return of your property, and prepare to take the fight to a judge. The government is counting on you to be intimidated into giving up. We will show them they have a fight on their hands.
Defense: No Criminal Conviction (For Fleeing & Prostitution Cases)
For vehicle seizures involving allegations of fleeing police or prostitution, this is your most powerful weapon. The law is crystal clear: the government cannot keep your car if they do not convict the driver of the underlying crime.
- Dismissal or Acquittal in the Criminal Case: If the underlying criminal charges are dismissed by the prosecutor, or if you or the driver are found not guilty at trial, the forfeiture action is defeated by law. They must return your car.
- Negotiated Plea to a Non-Forfeitable Offense: A key strategy is to negotiate a plea in the criminal case to a different charge. For example, pleading to careless driving instead of fleeing police would eliminate the legal basis for the vehicle forfeiture, forcing the government to return the car.
Defense: The “Innocent Owner” Defense
This defense is your shield if your property was used by someone else without your knowledge. The law protects innocent owners, but you have the burden of proving your innocence.
- You Had No Knowledge or Consent: We will present evidence to the court showing that you were not aware of and did not consent to the illegal use of your property. This can include your testimony, phone records, and other evidence demonstrating your lack of involvement.
- You Took Reasonable Steps to Stop the Illegal Use: If you did have some knowledge of potential illegal activity, you can still win if you prove that you took reasonable steps to prevent it. This could be telling the person they were forbidden from using your property for illegal acts or demanding the property back.
Defense: The Seizure Was Unconstitutional
Your Fourth Amendment rights protect you from illegal searches and seizures. If the police violated your rights, the forfeiture is invalid.
- The Stop or Search was Illegal: If the police did not have a valid legal reason to pull over the vehicle or to conduct the search that led to the seizure, all evidence they found, including the property itself, is “fruit of the poisonous tree” and cannot be used against you in the forfeiture action.
- The Warrant was Defective: In cases involving a search of a home or computer, the police need a valid search warrant based on probable cause. We will scrutinize the warrant application for any flaws or misrepresentations that could render it invalid and the entire search illegal.
Defense: The Government Violated Forfeiture Procedures
The forfeiture process is governed by strict procedural rules and deadlines. If the government makes a mistake, it can be fatal to their case.
- Failure to Provide a Timely Hearing: For vehicle seizures related to prostitution or fleeing, the law requires the court to hold a hearing within 96 hours of the seizure. If the government fails to meet this deadline or is not prepared for the hearing, we can argue for the immediate return of your vehicle.
- Improper Notice or Late Filing: The government must provide you with proper, formal notice of the forfeiture action and must file their case in court within a strict time limit. Any failure to follow these due process requirements can be grounds for dismissing their case.
Minnesota “Designated Offense” Forfeiture FAQs
When the government takes your property, you have immediate and urgent questions. Here are clear answers to some of the most common ones.
Do I have to be convicted of a crime to lose my property?
For vehicle forfeitures for fleeing police or prostitution, yes, a conviction is required. For other designated offenses and other types of property, no, the government can win the civil forfeiture case even if you are never convicted of a crime.
How do I start the process of getting my property back?
You MUST file a “Demand for Judicial Determination” with the court within 60 days of being served with the forfeiture notice. If you miss this deadline, you automatically lose all rights to your property. It is critical to contact an attorney immediately.
What is the 96-hour hearing for my car?
If your vehicle was seized for alleged fleeing or prostitution, you have a right to a court hearing within 96 hours. At this hearing, a judge can order your vehicle returned if the prosecutor isn’t ready, if you have a strong defense (like being an innocent owner), or if the seizure creates an “undue hardship” for your family.
Can I really get my car back because my family needs it?
Yes. The “undue hardship” provision is a powerful tool. If you can show a judge that your family relies on the vehicle for essential needs like getting to work, school, or medical appointments, the judge has the discretion to order the immediate return of your car, even if the forfeiture case continues.
Do I need a lawyer for a forfeiture case in Plymouth?
Absolutely. Forfeiture cases are complex civil lawsuits with life-altering stakes. Fighting the government and experienced prosecutors in Hennepin County on your own is not a fair fight. You need an attorney who knows the law, the procedures, and how to win.
How do I fight a computer forfeiture?
You fight it by challenging the government’s case—proving you were an innocent owner, that the search was illegal, or that the computer was not actually used in the crime. You can also negotiate for the return of your hardware or your clean data files, though the government may try to charge you for the service.
What is an “innocent owner”?
An innocent owner is someone who owns the seized property but was not aware of and did not consent to the illegal act that led to the forfeiture. The burden is on the owner to prove their innocence in court.
If I am acquitted of the criminal charge, do I automatically get my property back?
For vehicle forfeitures for fleeing or prostitution, yes. For other designated offenses, an acquittal in the criminal case does not automatically win the civil forfeiture case, but it makes the government’s case much weaker and harder to prove.
What are the costs for storing my seized vehicle?
If the criminal charges are dismissed or you are acquitted, you are not responsible for any towing or storage costs. However, if you are convicted and you lose the forfeiture case, these costs can be substantial and will be your responsibility.
Can a leased or rented car be forfeited?
Generally, no. A vehicle that is leased or rented for 180 days or less is typically exempt from forfeiture for prostitution or fleeing offenses.
Can I sell or transfer the property after it has been seized?
No. Once the property is seized and subject to a forfeiture action, you cannot sell, transfer, or place a lien on it until the case is resolved.
What happens if I just ignore the forfeiture notice?
You will lose your property by default. If you do not file a formal demand for a judicial hearing within the 60-day deadline, the government will get a court order granting them permanent ownership of your property without you ever getting your day in court.
Is it possible to settle a forfeiture case?
Yes. It is often possible for your attorney to negotiate a settlement with the prosecutor. This might involve getting your property back in exchange for an agreed-upon cash payment, or other creative solutions that are better than losing the entire asset.
How long will it take to get my property back?
Even if you win, the process can take several months or longer. The government is in no hurry to return seized property. An attorney can help push the case forward and pressure the government to resolve the matter as quickly as possible.
If I win, does the government have to pay my attorney’s fees?
In some limited circumstances, yes, but it is not the standard rule. This is a strategic question to discuss with your attorney.
The Lasting Damage of Losing a Forfeiture Case
Losing your property to the government is more than a financial inconvenience. It is a significant blow that can impact your life for years to come, even if you are never found guilty of any crime.
Permanent Loss of Essential Property
The most immediate impact is the loss of your asset. If it was your car, you may lose your job. If it was your computer, you may lose irreplaceable personal memories or critical business information. If it was cash, your savings could be wiped out. This property is gone forever, sold at auction to fund the very agencies that took it from you.
The Financial Fallout
The cost of replacing a car or a significant amount of cash can be financially crippling. You may be forced into debt or be unable to pay your other bills, leading to damaged credit and long-term financial instability. The economic impact of a forfeiture can be far greater than any fine imposed in a criminal case.
The Unfair Stigma and Public Record
A civil forfeiture judgment is a public record. It permanently links your name and your property to criminal activity, even if you were never charged or were acquitted. This can create a cloud of suspicion over you that can be difficult to escape, affecting your personal and professional relationships.
The Ransom for Your Own Data
The provision allowing the government to charge you for the “cost of separating contraband” from your seized computer is particularly outrageous. They can essentially hold your personal photos, your tax documents, and your private files hostage until you pay them a fee. This feels less like justice and more like extortion.
Why You Need a Determined Minnesota Forfeiture Lawyer
When you are fighting a civil forfeiture action, you are an underdog in a system designed to be efficient at taking property. To level the playing field, you need a tough, knowledgeable attorney who is dedicated to defending property rights and standing up to government overreach.
A Complex Law Designed to Confuse Citizens
Forfeiture law is a tangled web of civil procedure, criminal law, and constitutional principles. It is filled with traps for the unwary and strict deadlines that, if missed, result in the automatic loss of your property. You need a lawyer who works in this specific area of law every day and knows how to navigate the system to your advantage.
Fighting for Your Rights at the Critical 96-Hour Hearing
For vehicle seizures involving fleeing or prostitution, the first 96 hours are critical. You have a right to an immediate hearing where a judge can order your car returned. I can represent you at this hearing on short notice, presenting powerful arguments about undue hardship or the weakness of the state’s case to get your vehicle back right away.
Coordinating the Civil and Criminal Defenses
If you are also facing criminal charges, it is absolutely essential that your defense is coordinated. The actions you take in the civil forfeiture case can have a direct impact on your criminal case, and vice versa. I can handle both proceedings, ensuring that we have a unified strategy aimed at winning on all fronts and that your defense in one case doesn’t jeopardize the other.
My Only Goal Is the Return of Your Property
When you hire me to fight a forfeiture, my mission is clear and singular: to get your property back. We will investigate the seizure, challenge the constitutionality of the police conduct, and force the government to prove its case. We will not be intimidated. We will not back down. We will use every legal tool and every procedural rule to demand the return of what is rightfully yours.