Mississippi Code Ann 41-29-177 provides State of Mississippi law enforcement agencies with the authority to seize property under the Uniform Controlled Substances Law.  If property such as money, guns or automobiles are discovered during an arrest for drug related offenses, the State may petition the court for forfeiture.  The State must identify the items seized and file the petition within 30 days of seizure.

The record owners of any property seized may answer the Petition and demand the return of the seized property.  A hearing must be had wherein the party demanding the return must provide sufficient evidence that the items were not part of any drug related conspiracy.  It is often the case that the individual making a claim for return of the property was not arrested or involved in the illegal activity.  For instance, a person may have loaned their vehicle to someone without knowledge that the vehicle would be utilized for the transporting of drugs.  The record title owner of the vehicle would need to convince the court that he had no knowledge of such activity to prevail in court.