Legal Question in Criminal Law in Minnesota

innocent third party

My friend was driving a car in Dakota County, the sheriffs followed him up the drive. They said they thought he was someone else, and after identifying himself,placed him in the police car under arrest for DAR. They then searched the car, and approx. 15 minutes after the arrest and seizure, the person who lived at the home came up to sheriffs and gave them a black bag containing drugs and other items, that they had found in their yard, thinking it belonged to the sheriffs. They found nothing in the vehicle, nor on his person at the time of the arrest. He had earlier that day received from me a large sum of money to buy me a car. ($4800.00) Money that i had borrowed, because my car died and I needed a new one to get around. He also said he would get my file cabinet, containing all my personal files and papers and other personal items and bring them with the car he found for me. The Sheriffs department had the car towed, and seized all money he had with him. Mine(money) was in a separate envelope in a jacket in the backseat, along with the file cabinet and other things. He was charged with !st degree and 2ND degree drug charges because of what was in the bag that was given to police after


Asked on 3/14/07, 6:58 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: innocent third party

Though your question is not clearly stated, I gather you must be wondering what to do to get your property back from the police.

You would be best protected by retaining a lawyer to help you with this.

I can foresee two sceanrios. In one, police have served "Notice of Forfeiture" or a document similarly titled, upon you or someone else. It would then be important to serve and file a legal challenge to that, demanding review of it by a judge -- within the short time limit for making such a written request.

The other scenario is where all or part of your proerty is not subject to an administrative forfeiture, action, but the police are holding it for some other reason, including as "evidence." There are legal procedures and strategies that can be employed in that situation, beyond what I can explain here.

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Answered on 3/14/07, 1:21 pm


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