§ 39-11-711. Protection of Seized Property
In the event there is probable cause to believe that any individual having a right to enter real property that is the subject of a forfeiture proceeding under this part is also engaged, or about to engage, in conduct that will result in the diminution of the value of the real property to the state, […]
§ 39-11-712. Sale of Forfeited Property
Whenever a judgment of forfeiture is rendered under this part, the court may authorize the attorney general to sell the property at public auction, subject to the orders and approval of the court. The court, in lieu of such sale, may order that the property be sold by any person having an interest in the […]
§ 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 […]