Minnesota law allows property associated with certain crimes to be forfeited. This can be done judicially or administratively. This information brief describes the laws dealing with forfeiture and discusses cases of note in Minnesota and recent changes made to forfeiture laws.
In particular, part 1 summarizes the general forfeiture law applicable to most felony offenses. Part 2 describes several special forfeiture laws that apply to particular criminal offenses such as DWI violations, game and fish violations, gambling crimes, and racketeering crimes. Part 3 briefly discusses the circumstances under which a court may rule that a particular forfeiture violates the U.S. Constitution’s prohibition against “excessive fines” or “double jeopardy.” Part 4 highlights several Minnesota cases of interest. Finally, part 5 examines the legislative changes made in 2010 following the shutdown of the Metro Gang Strike Force.
The following topics will be covered over the next several posts:
- General Forfeiture Law
- Specific Forfeiture Laws
- Major Constitutional Issues
- Minnesota Cased of Interest
- Minnesota Legislative Action