Civil Forfeitures

Stearns County Attorney
County Attorney: Janelle P. Kendall

The Civil Division handles civil forfeiture matters by using various state forfeiture provisions to take away guns, money, vehicles and other property that is used to commit a crime or that represents the proceeds of a crime. The goals of the forfeiture statute are: 

  1. to reduce crime;

  2. to reduce the economic incentive to commit crime; and

  3. to divert unlawfully used property into law enforcement programs. 

Several different types of forfeiture actions have been authorized by the Minnesota legislature. The most common type is an Administrative Forfeiture action under Minnesota Statute Section 609.5314.

Items such as money, jewelry, motor vehicles, or firearms that are found near controlled substances or drug manufacturing equipment are subject to Administrative Forfeiture. At the time of the seizure, the owner is given a Notice of Seizure and Intent to Forfeit. The owner then has sixty (60) days within which to request a judicial determination of the propriety of the forfeiture. If the owner fails to request a judicial determination within the sixty day period, the items are automatically forfeited to the state. If the owner requests a judicial determination, a hearing date is set in which a judge determines whether the forfeiture should be allowed.

The Stearns County Attorney's Office may also initiate a judicial forfeiture action under Minnesota Statute Sections 609.5311 and 609.5312. This action is commenced through a formal civil lawsuit by Summons and Complaint naming the property sought to be forfeited and the grounds supporting the forfeiture. Any property that is used to facilitate the making, transporting, or selling of a controlled substance is subject to forfeiture under this provision.

Other property that is used or is intended to be used to commit a designated offense is also subject to forfeiture. Some of the designated offenses include assault, murder, criminal sexual conduct, arson, burglary, prostitution, and fleeing a police officer. In addition, motor vehicles that are used in drive-by shootings and certain types of property used or intended to be used in illegal gambling activities are forfeitable to the state.

All forfeited property is distributed to the local law enforcement agency that seized the property, the local county attorney's office that undertook the forfeiture, and the State of Minnesota in percentages that are set out by statute. The property must then be used for various approved law enforcement purposes.