Legal Opinion · Dissent
Riley v. 1987 STATION WAGON
Court of Appeals of Minnesota
Decided October 2, 2001No. C8-01-21Published
1DissentAmundson, Judge
I respectfully dissent. Under Minnesota law, personal property may be subject to forfeiture if “used to commit or facilitate the commission of’ a listed offense, including conspiracy to commit first-degree murder. Minn.Stat. § 609.531, subd. 1(f)(2) (2000), Minn.Stat. § 690.5312, subd. 1 (2000). But forfeitures are not favored. City of Faribault v. One 1976 Buick LeSabre, 408 N.W.2d 584, 588 (Minn.App.1987).
While forfeiture proceedings are not of course, criminal in nature, their effect, when invoked, is to permanently deprive the owner of the forfeit property of its use. To the extent that…
2Cases cited5 opinions
- United States v. Gerald E. Lewis, United States of America v. Gerald E. LewisCourt of Appeals for the Eighth Circuit · 1993
- United States v. ONE 1970 BUICK RIVIERA, SER. NO. 949870H920701District Court, D. Minnesota · 1973
- City of Worthington Police Department v. One 1988 Chevrolet Berreta, Maroon in Color, Bearing License 520 CLF, & Bearing VIN 1G1LV1412JE6227125Court of Appeals of Minnesota · 1994
- City of Faribault v. One 1976 Buick LeSabre, Serial No. 4P39J6X159337Court of Appeals of Minnesota · 1987
- State ex rel. Mendota Heights Police Department v. ColeyCourt of Appeals of Minnesota · 1990