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2021_0308_CCpacket
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1/13/2022 2:59:22 PM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
3/8/2021
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BuubdinfouB <br />1 MEMORANDUM <br />2 <br />3 <br />4 DATE: August 25, 2011 <br />5 <br />6 TO: City Manager Bill Malinen <br />7 <br />8 FROM: Chief Rick Mathwig <br />9 <br />10 SUBJECT: Forfeiture Information <br />11 <br />12 <br />13 by a citizen. <br />14 <br />15 Property seized and ultimately forfeited by the Roseville Police Department is governed by <br />16 Minnesota statutes: 169A.63 as it pertains to vehicle forfeitures for aggravated drunk driving <br />17 arrests, and 609.531 as it pertains to vehicle and property seized for designated offenses <br />18 such as narcotics, burglary, and other crimes. <br />19 <br />20 Other property forfeited by the Police Department, not governed by Minnesota statutes, is <br />21 generally related to our narcotics officer assigned to the Violent Crime <br />22 Enforcement Team (VCET). A percentage of their forfeitures are in concert with federal <br />23 agencies such as the DEA. Those forfeitures are under the direction of federal laws which <br />24 are similar to those in Minnesota. <br />25 <br />26 Each Minnesota statute contains numerous subdivisions which strictly control forfeitures <br />27 and the appeal processes afforded to those whose property is seized by law enforcement. <br />28 <br />29 Upon seizure of property to be forfeited the owner is issued a receipt for the property and is <br />30 issued written documentation on how to contest the seizure in court. This information is <br />31 written in multiple languages and the law enforcement agency must be certain the person <br />32 understands the seizure and the appeal process or the seizure will be considered invalid. <br />33 <br />34 Once property has been legally seized and forfeited state statutes dictate how the proceeds <br />35 should be dispersed. This process differs among crimes, but involving aggravated DWI <br />36 offenses, the law enforcement agency retains seventy percent of the proceeds and thirty <br />37 percent is forwarded to the prosecuting attorney. For crimes involving narcotics, burglary, <br />38 etc., percentages differ but in general the law enforcement agency retains seventy percent <br />39 of the proceeds, twenty percent is forwarded to the prosecuting attorney and the remaining <br />40 ten percent is sent to the State of Minnesota. <br />41 <br />42 The Minnesota Peace Officers Standards and Training Board (POST) is the state entity that <br />43 holds all professional licenses of peace officers in Minnesota. POST provides many <br />44 functions one of which is offering model policies based on best practices in law <br />45 enforcement. Some of the model policies are considered mandatory; Procession of Property <br />46 Seized for Administrative Forfeiture is a required policy of all law enforcement agencies in <br />47 Minnesota. The model policy was implemented in 2011.The model policy did not change our <br />48 forfeiture operations in any significant manner. <br />49 <br />50 Minnesota statutes mandate every forfeiture be reported to the Office of the State Auditor. <br /> <br />
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