Tennessee Code Annotated

Tenn. Code Ann. § 40-33-203 (2026)

Seizure

✓ current as of May 2026

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(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.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 2012–2024 · leading case: State of Tennessee v. Charles D. Sprunger, 458 S.W.3d 482 (Tenn. 2015).

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State of Tennessee v. Charles D. Sprunger, 458 S.W.3d 482 (Tenn. 2015). · cites it 16× “Tenn.Code Ann. § 40-33-203 (2012). 22 To notify the affected person of the seizure, the seizing officer must “prepare a receipt titled a ‘Notice of Seizure’ ” and must “provide the person found in possession of the property” the receipt.”

Charles D. Sprunger v. Cumberland Cnty., TN Sheriff's Off. (Tenn. Ct. App. 2017). · cites it 6× “See Tenn. Code Ann. § 40-33-203 (c)(5). Mr. Sprunger was tried and found guilty of sexual exploitation of a minor by knowingly possessing child pornography on his home computer in violation of Tenn.”

Michael Morton v. Knox Cnty. Sheriff's Dep't (Tenn. Ct. App. 2019). · cites it 6× “Tenn. Code Ann. §§ 40-33-203 , -204. According to Department, it was not the seizing agency in this case because it took no such action.”

Charles A. Harmon v. James J.J. Jones (Tenn. Ct. App. 2012). · cites it 4× “” Tennessee Code Annotated section 53-11-201 and Tennessee Code Annotated section 40-33-203 essentially state the same procedure.”

Herbert S. Moncier v. Nina Harris (Tenn. Ct. App. 2017). · cites it 2× “Tennessee Code Annotated section 40-33-203 requires a Notice of Seizure to include 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…”

Herbert S. Moncier v. Nina Harris (Tenn. Ct. App. 2018). · cites it 2× “Tenn. Code Ann. § 40-33-203 . The address of the person whose property is seized is also included.”

Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). · cites it 2× “§ 40-33-203(a), (c) (2018). Ms. Berlanga was also given notice of the forfeiture warrant hearing.”

Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019). · cites it 2× “Tenn. Code Ann. § 40-33-203 (a), (c) (2012).”

Sandra K. Fisher v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2020). · cites it 2× “4 In 2018, the Legislature amended Tennessee Code Annotated § 40-33-203. 2018 Tenn. Pub. Acts 689 , 689 (ch.”

Daysparkles Oliver v. Tennessee Dep't of Safter & Homeland Sec. (Tenn. Ct. App. 2022). · cites it 2× “See Tenn. Code Ann. §§ 40-33-203 (c) (2018),8 -207(a) (2018).”

Burley v. Sumner Cnty. 18th Jud. Drug Task Force (M.D. Tenn. 2020). · cites it 2× “Here, Burley has not challenged the initial seizure of his property during the execution of the search warrant; rather, he alleges that the continued seizure of that property violated the Fourth Amendment because it was done pursuant to a warrant issued by a court without…”

Hardiman v. Murdock (E.D. Tenn. 2024). · cites it 2× “roceed in forma pauperis be granted; (2) his claims against Defendants in their official capacities be dismissed; (3) all Fourth Amendment claims based on the search of his personal property and his pretrial detention be dismissed; (4) any malicious prosecution claim based on…”

Show all 14 citing cases →

— Tenn. Code Ann. § 40-33-203(a) — 3 cases

State of Tennessee v. Charles D. Sprunger, 458 S.W.3d 482 (Tenn. 2015). “Tenn.Code Ann. § 40-33-203 (2012). 22 To notify the affected person of the seizure, the seizing officer must “prepare a receipt titled a ‘Notice of Seizure’ ” and must “provide the person found in possession of the property” the receipt.”

Michael Morton v. Knox Cnty. Sheriff's Dep't (Tenn. Ct. App. 2019). “Tenn. Code Ann. §§ 40-33-203 , -204. According to Department, it was not the seizing agency in this case because it took no such action.”

Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). “§ 40-33-203(a), (c) (2018). Ms. Berlanga was also given notice of the forfeiture warrant hearing.”

— Tenn. Code Ann. § 40-33-203(c) — 1 case

Sandra K. Fisher v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2020). “4 In 2018, the Legislature amended Tennessee Code Annotated § 40-33-203. 2018 Tenn. Pub. Acts 689 , 689 (ch.”

— Tenn. Code Ann. § 40-33-203(c)(5) — 1 case

— Tenn. Code Ann. § 40-33-203(d) — 1 case

Vanessa Berlanga v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2019). “§ 40-33-203(a), (c) (2018). Ms. Berlanga was also given notice of the forfeiture warrant hearing.”

— Tenn. Code Ann. § 40-33-203(e)(1) — 1 case

Hardiman v. Murdock (E.D. Tenn. 2024). “roceed in forma pauperis be granted; (2) his claims against Defendants in their official capacities be dismissed; (3) all Fourth Amendment claims based on the search of his personal property and his pretrial detention be dismissed; (4) any malicious prosecution claim based on…”

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