2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 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 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 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 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.
(d)
Upon the seizure of any personal property subject to forfeiture pursuant to §
40-33-201
where the person in possession is not being arrested, the seizing officer shall provide the person found in possession of the property, if known, a notice entitled "Notice of Forfeiture Warrant Hearing". This notice shall contain the following:
(1)
The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to §
40-33-204
;
(2)
A statement that the person in possession is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to §
40-33-204(b)
; and
(3)
A statement that if the person in possession does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in title 40, chapter 33, part 2 and as stated in the Notice of Seizure.
(e)
(1)
After the seizure of any personal property subject to forfeiture pursuant to §
40-33-201
, where the owner of the property is not present at the time of the seizure, regardless of whether an arrest has been made, the seizing officer shall, within five (5) business days of the date of seizure, mail to the owner by return receipt requested mail, at the owner's last known address as determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, a notice entitled "Notice of Forfeiture Warrant Hearing". The notice shall contain the following:
(A)
The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to §
40-33-204
;
(B)
A statement that the owner is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to §
40-33-204(b)
;
(C)
A statement that if the owner does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in this part, and as stated in the Notice of Seizure; and
(D)
A copy of the Notice of Seizure.
(2)
If an owner cannot be determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, the officer shall document the attempts made to determine the owner and include the documentation with any application for forfeiture warrant for the judge to review.
Amended by 2018 Tenn. Acts, ch. 772,s 1, eff. 10/1/2018.
Amended by 2013 Tenn. Acts, ch. 382,s 1, eff. 1/1/2014.
Acts 1994, ch. 925, § 1; 1997, ch. 532, § 1.