| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.907.3(a)(1)

Statute ID: 3460

Statute Function ID: 19659

Preservation Of Property-RestrainOrderw/out Notice-PropSubjToForfeiture

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.907.3(a)(1)

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 1989

Expiration Date:

Repealed?:

Summary Text:

Preservation Of Property-RestrainOrderw/out Notice-PropSubjToForfeiture

Statute ID:

3460

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 20, 2013 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Preservation Of Property-RestrainOrderw/out Notice-PropSubjToForfeiture

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/907.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

(a) On application by the prosecuting authority, the district court may grant, without notice to any party, a temporary restraining order to preserve the reachability of property subject to criminal forfeiture under section 609.905 if:

(1) an indictment or complaint alleging that property is subject to criminal forfeiture has been filed or the district court determines that there is probable cause to believe that property with respect to which the order is sought would, in the event of a conviction, be subject to criminal forfeiture under section 609.905;

(2) the property is in the possession or control of the party against whom the order is to be entered; and
(3) the district court makes a specific finding in writing that the property can be concealed, disposed of, or placed beyond the jurisdiction of the court before any party may be heard in opposition.
(b) A temporary restraining order granted without notice to any party under this subdivision expires within the time fixed by the court, not to exceed ten days. The court may extend the order for good cause shown, or if the party against whom it is entered consents to an extension. After a temporary restraining order is granted under this subdivision, a hearing concerning the entry of an order under this section shall be held at the earliest practicable time and before the temporary order expires.