Earlier this month the Minnesota Court of Appeals ruled that the Minnesota DUI forfeiture law was unconstitutional. A Minnesota driver was arrested and charged with a felony DUI. This resulted in the standard procedure of the police forfeiting the driver’s car. The standard forfeiture notice was issued to the driver informing her that she had 60 days to file a challenge to the seizure of her car. The driver did just that by filing her complaint alleging the car was taken in violation of the law.
Over the course of the next several months, the case was continued and delayed because the underlying criminal case had not been resolved. Pursuant to Minn. Stat. sec. 169A.63, subd. 9(d), the law provides that a the vehicle owner is entitled to a hearing within 180 days of filing the challenge. However, the law also says that the hearing shall not be held until the conclusion of the criminal case. This could mean literally months or, in some cases, even years could go by before a person could get a judicial determination on the legality of the seizure.
The Appellate Court ruled that this unnecessary delay was a violation of the driver’s due process rights, which demand that a person be entitled a prompt determination. The court decided that having to wait for the completion of the criminal case, with an undetermined amount of time, was unconstitutional. In the case, the State argued that the driver waived her right to challenge the due process violation because she had agreed to all of the continuances. The Appellate Court said that did not matter. Due process rights superseded the reason for the delay.
This is a huge decision that could impact hundreds or thousands of people going forward. It also draws into question whether seizures under other statutes such as Minn. Stat. sec. 609.5314 for drugs and other felony violations is also subject to this same due process violation analysis.
If you have been the subject of a raid of your home or property and/or the police have taken property from you in connection with an arrest, contact DeVore Law Office immediately. We may be able to get your money or property returned. The law is on your side.
Posted 24th April 2018 by DeVore Criminal Defense