§ 39-11-713. Disposition of Forfeited Property
All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this part. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court. Any such costs […]
§ 39-11-714. Assistance by Other Agencies
The attorney general may authorize any governmental department or agency of this state, any political subdivision of the state, or any other state or federal government to participate in the investigation into the conduct giving rise to forfeiture under this part. The grand jury may provide any records, documents, or evidence received by subpoena to […]
§ 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 […]
§ 39-11-705. Jurisdiction and Venue
Jurisdiction in a civil forfeiture action under this part extends to the chancery and circuit courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court, over the following: All interests in property if the property for […]
§ 39-11-706. Evidence
In a forfeiture action under this part, pertaining to the issue of whether the property or proceeds were known to be from some form of criminal offense, either party may introduce evidence that: The property was involved in a financial transaction that was conducted or structured to evade the reporting requirements of any state or […]