Upon the seizure of any personal property subject to forfeiture pursuant to T.C.A. § 40-33-201, the seizing officer must prepare a receipt entitled "Notice of Seizure" and provide the person found in possession of the property, if known, a copy of the receipt. The notice of seizure is a standard form promulgated by the agency charged by law or permitted by agreement with conducting the forfeiture proceeding for the particular property seized. T.C.A. § 40-33-203(a) and (c). The notice of seizure must contain the following:
T.C.A. § 40-33-203(c). See Holt v. Young, 2001 WL 1285880, *5 (Tenn. Ct. App. 2001).
Upon the seizure of a conveyance, the seizing officer must 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. T.C.A. § 40-33-203(b)(1). 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 must make reasonable efforts to determine the owner of the conveyance and notify the owner of the seizure. If the cargo is not contraband and is not subject to forfeiture under some other provision of state or federal law, the seizing agency must release the cargo to the owner or transporting agent upon request. If the interest of the owner of the commercial vehicle or common or contract carrier is not subject to forfeiture under T.C.A. § 40-33-210(a)(2), then the vehicle or carrier is not subject to forfeiture, and the seizing officer may not seek a forfeiture warrant. The seizing agency must release the vehicle or carrier to the owner or transporting agent upon request. T.C.A. § 40-33-203(b)(2) and (b)(4). For purposes of T.C.A. § 40-33-203(b), "commercial vehicle" includes a private passenger motor vehicle that is used for retail rental for periods of 31 days or less.
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 must make reasonable efforts to determine the common or contract carrier responsible for conveying the cargo and notify the carrier of the seizure. If the cargo is not contraband and is not subject to forfeiture under some other provision of state or federal law, the seizing agency must release the cargo to the owner or transporting agent upon request. T.C.A. § 40-33-203(b)(3).