This year at the Minnesota State Capitol the ACLU-MN was hard at work pressuring legislators to pass Civil Asset Forfeiture Reform. While the ACLU-MN is pleased that a reform bill did pass; unfortunately it did not contain two of the key changes for which the ACLU-MN were advocating. The bill does not require law enforcement officers to get a conviction if they intend to keep property that they confiscate from suspected criminals nor does it require that all seized assets be given to the state for redistribution to the local officials.
However, many important changes to the law were included in the reform.
Reporting Requirement Expanded: Now DNR forfeitures and DUI forfeitures will need to be reported to the State Auditor for the annual forfeiture report. All appropriate agencies must report more information about forfeitures including whether the forfeiture was contested and whether the forfeiture was automatic or decided in court.
Conciliation Court Jurisdiction Expanded: Now forfeiture cases up to $15,000 can be heard in conciliation court, reducing the need to hire an attorney to challenge a forfeiture.
Forfeiture Notice Improved: Now forfeiture notices may be left at the scene of the seizure if no one is there to receive the notice, increasing the use of forfeiture notice. Also, notice must be given within 60 days. Previously, there was no time limit. Most importantly, the bill asks for new, plain language for the forfeiture notice so people understand they may lose their property.
Improved Forfeiture Procedures: Law enforcement agencies will have to adopt a uniform best practices policy for conducting forfeiture. Furthermore, prosecutors must review forfeiture proceedings for proper notice and probable cause.
The limits for when a motor vehicle or real property can be lost automatically under administrative forfeiture are higher.
Forfeiture proceedings cannot be conducted while a related criminal proceeding is pending, protecting Fifth Amendment rights against self incrimination.
Sale of forfeited items must be done in a commercially reasonable manner, and items cannot be sold to employees or families of the seizing agency.