You may be aware that police are legally allowed to seize things that you had on your persons during the commission of a crime. Oftentimes this results in police seizing drugs, money or firearms, but those are far from the only items seized by officers in Minnesota. The odd law allows them to seize items used in the commission of a crime, so if you are caught driving drunk, police can legally seize your car.
But once they have it, what happens? Once your case is resolved, can you just pay a tow yard fee and get it back? You’d think it would be that simple, but it rarely is. In fact, what police can do with your seized property is much more devious than you may have imagined.
Selling Seized Cars
Take the case of Emily Dietrich. A fellow Minnesotan, Emily went out with drinks with her coworkers one night and made the smart decision not to get behind the wheel after having one too many. One of her coworkers offered to drive her car home, and Emily said she thought she was making the right decision by handing over the keys. Little did she know that her coworker already had a previous DWI on his record, so when they were stopped by police on the way home, the potential penalties were already upgraded.
Her coworker was arrested on suspicion of DWI, and Emily’s car was seized under the state’s forfeiture law, even though the car was in her name and she was not driving at the time of the arrest. Emily wanted to get her car back, so she hired a lawyer to pursue a claim against the seizure of her vehicle. However, in order for the seizure claim to be heard, the case against her coworker needed to be resolved first.
Then the pandemic hit, and court cases were postponed indefinitely as courts closed. After waiting seven months to have a car returned to her, Emily finally had enough waiting and decided to drop the claim against the seizure. Instead, she agreed to buy back her 2013 Chevy Camaro from the State Patrol for $4,000, a painful move considering she had just recently paid the vehicle off. Had she not negotiated the price with the State Patrol and the prosecution, the price tag to buy back her property could have been even more expensive.
So while this should act as a cautionary tale against letting your friends drive your car if they are under the influence, it also shines a spotlight on Minnesota’s terrible forfeiture system. Police are collecting millions of dollars selling the property of private citizens, and it only encourages them to take more things during the arrest process.
If you’ve been victimized by the property seizure process, reach out to Avery and the team at Appelman Law Firm. We can help challenge the seizure and have your property rightfully returned to you. Don’t get bullied by the system or police. For more information, or for help with your case, reach out to Avery and the team at Appelman Law Firm today.
