Forfeitures/Property Seizures

In Tennessee, the state can seize certain personal property and even houses or trailers under certain circumstances. In Tennessee, it is legal for the state to seize:

  • All raw materials, products and equipment of any kind that are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance.
  • All property that is used, or intended for use, as a container for illicit drugs.
  • All conveyances, including aircraft, vehicles or vessels that are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale or receipt of controlled substances
  • Everything of value furnished, or intended to be furnished, in exchange for a controlled substance
  • All proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of the Tennessee Drug Control Act

These seizure laws apply to any vehicle used to transport illegal drugs or used to make an illegal sale of drugs. It also includes any personal property which was purchased with the proceeds from the sale of illegal drugs. These seizure laws also apply to any items such as computers, cameras, etc. that are used in the production or sale of illegal drugs in any way.

You do have rights and you have to act fast in order to protect them. You can make your claim to this property and force the state to prove their case. The hearings are different than regular court hearings, the rules are different, and the burden of proof is different. If you are faced with having your personal property seized by the State for any of these reasons, it is important that you retain counsel who is experienced in handling these types of matters. We have successfully recovered property for our clients on numerous occasions.

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