Vehicle Seizure and Forfeiture
Apr 22, 2022

Vehicle Seizure or Vehicle Forfeiture?

If your vehicle has been seized, there are rules and procedures of which you need to be aware including whether the seizing agency may use your vehicle. seizure and use of seized vehicles as well as agency limitations on the use of vehicles set by Tennessee statutory authority.

 

Specifically, Tennessee law provides for civil asset seizure and forfeiture. In the context of civil asset forfeiture, when a POST certified officer seizes, for example, a personal vehicle, the agency, county, or municipality may use the vehicle for a period not to exceed one (1) year. T.C.A. 55-11-211(b)(2)(A).

 

However, vehicles forfeited under T.C.A. 40-33-201 identifying specific offenses in which such vehicle was used such as arson; disposition of controlled substances related to property; for DUI's (particularly multiple offenses within five (5) years of the offense for which seizure occurred); DWLCSR; contraband,- intoxicating liquors; beverages sold by unlicensed persons; property considered contraband including, but not limited to tobacco products for which taxes have not been paid; and farm equipment, appliance, or firearm offense. Vehicles seized for these offenses, among others, may be used for a period not to exceed five (5) years. T.C.A. 53-11-201(b)(2)(C).

 

The procedure and process for forfeiture must be followed and culminate in a declaration of forfeiture by the State of Tennessee and such seized vehicles used with the permission of the Commissioner of General Safety and General Services of the State of Tennessee. 


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