§ 140B.106.Storage of Seized Property Pending Forfeiture Action

Custody rules for the period between seizure and judgment.

Property taken or detained under this subchapter is not subject to replevin, and is considered to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court.

Replevin is the action by which an owner recovers wrongfully held goods, often on posting a bond, and it is ordinarily available quickly.

Excluding it channels every dispute into the forfeiture action. An owner cannot open a second front to recover the property while the forfeiture is pending; the court hearing the forfeiture decides what happens to it.

That is a real restriction on an owner, and it is why the preceding section’s promptness duty matters. The forfeiture action is the only route, so it has to be commenced without delay.

"Subject only to the order of the court" is the counterweight. The officer holds the property but does not control its fate, and the court can order release, sale or transfer at any stage.

Three options are then available to the officer pending forfeiture and final disposition: place the property under seal; remove it to a place designated by a court; or require another agency authorized by law to take custody and remove it to an appropriate location.

The three answer different practical problems. Sealing suits property that should not be moved — a building, a vehicle in place. Removal suits property that needs securing. The third suits property needing specialist handling: livestock, firearms, hazardous material, a large quantity of currency.