A law in Minnesota that allows police to seize and sell personal property of individuals is coming under renewed scrutiny.
In a case late last year, police seized and sold the 2013 Chevrolet Camaro of 22-year-old Emma Dietrich following a drunk driving stop even though she was not driving or charged with a crime. Dietrich recently paid to buy back her car.
“I really hate that I had to do a buy-back, but mentally, financially, emotionally, I can’t handle this case being in limbo for maybe two more years,” Dietrich recently told KSTP.
Dietrich says she opted against getting behind the wheel having had several drinks with coworkers after finishing a shift. A co-worker offered to drive her home but, unbeknownst to her, he had a prior DWI. The car was clocked at 118 mph (189 km/h) with Dietrich in the passenger seat. The 30-year-old driver, Syrgeo Perez, refused a breathalyzer and was arrested on suspicion of DWI. Troopers also seized the Camaro.
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Under Minnesota’s forfeiture laws, police agencies throughout the state have seized close to 14,000 vehicles, generating a revenue of $10 million for these departments in three years.
In 2019, attorney Chuck Ramsay represented a woman in Minnesota court after police seized a vehicle when the owner’s daughter was arrested for drunk driving. The court ordered Shakopee police to return the car.
“Most critically, (the law) provides no assessment whatsoever — let alone a reliable assessment — that the State has the legal authority to permanently take the vehicle of a purportedly innocent owner,” the court wrote in its decision.
Statewide data reveals that judges have ordered law enforcement to return vehicles to owners more than 600 times in three years. While some lawmakers have expressed interest in changing the law, their efforts have failed to materialize.
“When you’re taking vehicles from innocent owners… you’re not making anyone safer, you’re just lining your pockets,” says State Representative John Lesch. “It’s not the right way to fund law enforcement… even law enforcement knows that.”