2010 Tennessee Code
Title 40 - Criminal Procedure
Chapter 33 - Forfeitures
Part 2 - Forfeiture Procedures Generally
40-33-203 - Seizure.

40-33-203. Seizure.

(a)  Upon effecting a seizure, the seizing officer shall prepare a receipt titled a “Notice of Seizure.” The notice of seizure shall be a standard form promulgated by the applicable agency. The applicable agency may adopt an existing notice of seizure form.

(b)  (1)  Upon seizure of a conveyance, the seizing officer shall make reasonable efforts to determine the owner or owners of the property seized as reflected by public records of titles, registrations and other recorded documents.

     (2)  If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner thereof of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under the provisions of this part and, upon the request of the owner of the conveyance, shall immediately be released by the seizing agency to the owner or transporting agent.

     (3)  If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure has an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest or bill of lading, make reasonable efforts to determine the common or contract carrier responsible for conveying the cargo and notify the carrier of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under the provisions of this part and, upon the request of the owner of the cargo, shall immediately be released by the seizing agency to the owner or transporting agent.

     (4)  If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner of the conveyance of the seizure. Unless the interest of the owner of the commercial vehicle or common or contract carrier is subject to forfeiture under § 40-33-210(a)(2), the vehicle or carrier is not subject to forfeiture under the provisions of this part, the seizing officer shall not seek a forfeiture warrant and, upon the request of the owner of the vehicle or carrier, shall immediately be released by the seizing agency to the owner or transporting agent. For purposes of this subsection (b), “commercial vehicle” includes a private passenger motor vehicle that is used for retail rental for periods of thirty-one (31) days or less.

(c)  Upon the seizure of any personal property subject to forfeiture pursuant to § 40-33-201, the seizing officer shall provide the person found in possession of the property, if known, a receipt titled a “Notice of Seizure.” The notice of seizure shall contain the following:

     (1)  A general description of the property seized and, if the property is money, the amount seized;

     (2)  The date the property was seized and the date the notice of seizure was given to the person in possession of the seized property;

     (3)  The vehicle identification number (VIN) if the property seized is a motor vehicle;

     (4)  The reason the seizing officer believes the property is subject to seizure and forfeiture;

     (5)  The procedure by which recovery of the property may be sought, including any time periods during which a claim for recovery must be submitted; and

     (6)  The consequences that will attach if no claim for recovery is filed within the applicable time period.

[Acts 1994, ch. 925, § 1; 1997, ch. 532, § 1.]