Minneapolis, MN asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota

Q: My boyfriend was arrested for a warrant and my truck was seized by the county police. I was not present during that.

Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck which caused damage.

What steps do I proceed in?

1). He does not have a license

2. The passenger throw drugs out the window

3). Where the cops turned there lights was at a very high risk accident intersection so he proceeded for a half mile at 30-40mph while making hand motions showing he will pull over until he did and once pulled over he shut it off and a few mins later is when the officer ran into it. They claim he was fleeing but I believe the charges could be dismissed with evidence of the incident is shown.

The claim they are holding it on the bases of the flee but they also told me I could gonget my personal property from it but when I tried I was refused.

3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: Stimulation offered? I don’t know what that means.

It’s difficult to know in the abstract if running into your vehicle was justified or not. There are times where law enforcement will execute PIT maneuvers if the driver refuses to stop.

It also matters why the vehicle is being held. It might be for evidentiary reasons if your boyfriend was fleeing from the cops.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: If police or the prosecutor gave you a Notice of Seizure and Administrative Forfeiture, or similar document, that limits your time to challenge the forfeiture to 60 days. And you should immediately file a challenge to that forfeiture, with a lawyer and-or in conciliation court. If not, you should demand immediate return of the vehicle under the Minnesota Return of Property Seized statute,in writing. Call me of another criminal lawyer with any questions.

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: In order to fight the forfeiture of your vehicle, you need to file a petition for judicial review within 60 days. This is a complicated process and you should have an attorney assist you.

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