§ 39-11-717. Supplement to Other Laws — Retroactive Application
This part does not supersede any other statute or law relating to forfeiture of property and may be used in conjunction with administrative forfeiture laws. This law pertaining to the forfeiture of property is remedial and shall be liberally construed to effect its purpose. This part shall apply retroactively to all proceeds acquired or received […]
§ 39-11-109. Prosecution Under More Than One Statute
39-11-411. Accessory after the fact. 39-11-609. Necessity. 39-11-620. Use of deadly force by a law enforcement officer.
§ 39-11-707. Procedure for Seizure of Property
Any property subject to forfeiture under this part may be seized by the attorney general, the attorney general’s agents, or any law enforcement officer, when acting pursuant to a lawful arrest or search, the execution of a search warrant, a petition to abate a nuisance, or a court order. When property is seized under this […]
§ 39-11-708. Procedure for Judicial Forfeiture of Property
If real or personal property is subject to forfeiture under this part, the attorney general may initiate an in rem forfeiture proceeding in the circuit, chancery, or general sessions court of the county where the property is located or where the conduct giving rise to forfeiture occurred. If the property is beyond the jurisdiction of […]
§ 39-11-621. Use of Deadly Force by Private Citizen
A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§ […]
§ 39-11-622. Justification for Use of Force — Exceptions — Immunity From Civil Liability
A person who uses force as permitted in §§ 39-11-611 — 39-11-614 or § 29-34-201, is justified in using such force and is immune from civil liability for the use of such force, unless: The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who: Was acting in […]
§ 39-11-701. Legislative Intent
The general assembly finds and declares that an effective means of deterring criminal acts committed for financial gain is through the forfeiture of profits and proceeds acquired and accumulated as a result of such criminal activities. It is the intent of the general assembly to provide the necessary tools to law enforcement agencies and district […]
§ 39-11-702. Part Definitions
As used in this part, unless the context otherwise requires: “Attorney general” means the district attorney general, and the district attorney general’s assistants; “Interest holder” means a secured party within the meaning of § 47-9-102(a), a mortgagee, lien creditor, one granted a possessory lien under law, or the beneficiary of a security interest or encumbrance […]
§ 39-11-703. Criminal Proceeds Subject to Forfeiture
Any property, real or personal, directly or indirectly acquired by or received in violation of any statute or as an inducement to violate any statute, or any property traceable to the proceeds from the violation, is subject to judicial forfeiture, and all right, title, and interest in any such property shall vest in the state […]
§ 39-11-704. Property Exempt From Forfeiture
No interest in any property described in § 39-11-703(a) shall be subject to forfeiture when one (1) of the following conditions is established: If the owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; If the owner or interest holder acquired the property during or after the […]