Created by FindLaw's team of legal writers and editors | Last updated February 06, 2019
The police take your property, yet you are never convicted of a crime. Sounds like an Orwellian fantasy in a dystopian universe, far from something that would happen in modern America, right? Think again. This practice is known as "civil asset forfeiture." Civil asset forfeiture happens when a person’s property is permanently taken from them even though they never were convicted or pled guilty to a criminal offense. Property taken through asset forfeiture is theoretically used in the commission of a crime or obtained through criminal activity, such as drug trafficking.
It's a way for law enforcement officials to seize millions of dollars worth of cash and property every year. Depending on state law, the law enforcement agency generally gets to keep the profits from the sale of these assets in many cases. Some have called it "policing for profit" or highway robbery, others believe it's a valuable tool that aids law enforcement and helps weaken criminal organizations by hitting them in the wallet, so to speak.
In 2017, Attorney General Jeff Sessions announced a plan to bring back a federal program known as the "Equitable Sharing Program." Under this program, state and local police agencies can collaborate with federal agencies to seize assets from individuals and then transfer those seizures to federal control. In doing so, local agencies can skirt some state-level regulations limiting forfeitures. The federal government eventually takes all the funds and sends 80 percent back to the state agency itself. This method has been sharply criticized for circumventing state laws in some cases.
Civil forfeiture laws were originally intended to target ill-gotten gains associated with the so-called "War on Drugs." Yet some states have since expanded that reach to include any felony offense. There’s also no limitation on the type of property that can be seized.
Asset forfeiture reform is gaining momentum in many areas of the country, a trend that is likely to continue in the months and years to come. Why? Revenue-generating systems in which police can arbitrarily seize and forfeit property from a person who is never even charged with a crime is said to violate the constitutional rights of citizens.
Asset forfeiture laws are changing regularly, with new legislation being introduced into state legislatures on a somewhat frequent basis. Be sure to check with an attorney in your state to learn if there have been any recent updates to the forfeiture laws.
Below, you will find a list of asset forfeiture laws in all 50 states and the District of Columbia, including the states' burden of proof for seizing property that may be connected to a crime, law enforcement’s reporting requirements (if any such requirement exists), and which entities have access to forfeiture proceeds..
State |
Asset Forfeiture Statute |
Law Enforcement Burden of Proof |
Reporting Requirements/Where Forfeiture Proceeds Go |
Alabama |
Preponderance of the evidence, Alabama can seize any property, proceeds or instrumentality of any kind if used in commission of a crime |
None, 100 percent of forfeiture proceeds go to law enforcement |
|
Alaska |
Reasonable suspicion that article being seized is related to a crime |
None, 100 percent of property goes to law enforcement if the property is worth $5,000 or less and something other than money, and up to 75 percent in all other cases |
|
Arizona |
Ariz. Rev. Stat. § 13-2314.01, et. seq. |
Preponderance of the evidence, but this may change due to HB 2477, may change to a "clear and convincing"evidence standard |
Law enforcement agencies are required to file quarterly forfeiture reports with the AZ Criminal Justice Commission, which must aggregate those reports and submit them to the Legislature, Law enforcement keeps 100 percent of forfeiture funds |
Arkansas |
Preponderance of the evidence, but may change due to SB 727 |
Law enforcement must submit reports of seizures and final disposition to the Arkansas Drug Director, which maintains the Asset Seizure Tracking System database, 100 percent of forfeiture proceeds go to law enforcement |
|
California |
Cal. Health & Safety Code § 11495, § 11488.4 | A criminal conviction is required prior to forfeiture in any state case where the items seized are cash under $40,000 or other property such as homes and vehicles regardless of value due to SB443 signed by Governor Brown |
California Attorney General required to compile annual aggregate forfeiture reports using data provided by counties, 66.25 percent of forfeiture proceeds go to law enforcement |
Colorado |
Clear and convincing evidence, See HB 1313 |
Prosecutors are required to file annual forfeiture reports with the Department of Local Affairs |
|
Connecticut |
A criminal conviction is required prior to forfeiture, see HB 7146 signed by Governor Malloy in 2017 |
Seizing agencies must maintain an inventory of seized property, 69.5 percent of forfeiture proceeds go to law enforcement, except in cases of sexual exploitation, prostitution and human trafficking, when 100 percent of proceeds go to a victims’ compensation fund |
|
Delaware |
Probable cause, owner can rebut by a preponderance of the evidence |
None, law enforcement can keep 100 percent of the forfeiture funds |
|
District of Columbia |
Preponderance of the evidence, but clear and convincing evidence for
Note: If the property is the primary residence of the owner, owner of the property must be convicted of the offense |
Attorney General and Metropolitan Police Department required to create aggregate forfeiture reports, All currency and proceeds from sales of forfeited property must be deposited in the general fund |
|
Florida |
Beyond a reasonable doubt that property is linked to a crime, see S B 1044 |
None, up to 85 percent of forfeiture proceeds go to law enforcement |
|
Georgia |
Ga. Code Ann. § 9-16-19 | Preponderance of the evidence |
Up to 100 percent of forfeiture proceeds go to law enforcement, Required to report to:
|
Hawaii |
Preponderance of the evidence |
Office of the Attorney General required to aggregate law enforcement forfeiture reports and submit to the Legislature, 100 percent of forfeiture proceeds for various law enforcement projects |
|
Idaho |
Preponderance of the evidence |
None, 100 percent of forfeiture proceeds go to law enforcement |
|
Illinois |
Probable cause unless property is worth less than $150,000 AND is not real property, the government doesn’t need to make any showing. Forfeiture is automatic in these circumstances unless an owner files a claim and deposits a bond worth the greater of $100 or 10 percent of the value of the property |
Law enforcement must provide an inventory of drug-related seizures to the Director of the Department of State Police and reports of all property seized for forfeiture to the state’s attorney for the county, 90 percent of forfeiture proceeds go to law enforcement |
|
Indiana |
Preponderance of the evidence, but see SB 8 |
Indiana Prosecuting Attorneys Council required to aggregate forfeiture reports submitted by judicial districts, no forfeiture proceeds go to law enforcement |
|
Iowa |
If property valued at f a property is valued at under $5,000, the owner must first be convicted in criminal court before their property can be forfeited in civil court. See Senate File 446 |
None, 100 percent of forfeiture proceeds go to law enforcement
|
|
Kansas |
Preponderance of the evidence |
Law enforcement is required to submit forfeiture reports to their budgetary authorities, 100 percent of forfeiture proceeds go to law enforcement |
|
Kentucky |
Clear and convincing evidence to forfeit real property but need only show “slight evidence of traceability” to a crime for other property |
Law enforcement must report their forfeitures to the Office of the State Auditor and to the Secretary of the Justice and Public Safety Cabinet, 100 percent of forfeiture proceeds go to law enforcement |
|
Louisiana |
Preponderance of the evidence |
Prosecutors required to file annual seizure reports with the state Legislature, 80 percent goes to law enforcement, remaining 20 percent goes to the criminal court fund |
|
Maine |
Preponderance of the evidence |
No forfeiture proceeds go to law enforcement, all forfeiture proceeds go to the general fund with some exceptions |
|
Maryland |
Preponderance of the evidence, in most circumstances |
None, no forfeiture proceeds go to law enforcement |
|
Massachusetts |
Probable cause |
Law enforcement must maintain an inventory of seized property, 100 percent of forfeiture proceeds go to law enforcement |
|
Michigan |
Mich. Comp. Laws § 28.111–.117 | Clear and convincing evidence |
Law enforcement required to file annual forfeiture reports with the State Police, which must compile those reports at the county level, submit them to the state Legislature, Up to 100 percent of forfeiture proceeds go to law enforcement |
Minnesota |
A criminal conviction is required for civil forfeiture |
90 percent of forfeiture proceeds go to law enforcement, Law enforcement required to report forfeitures to the state auditor on a monthly basis, and the auditor must then make annual reports to the state Legislature |
|
Mississippi |
Preponderance of the evidence, See HB 812 |
None, seizing agencies must report their forfeitures to the Office of the State Auditor and to the secretary of the Justice and Public Safety Cabinet, 80 percent of forfeiture proceeds go to law enforcement (generally) |
|
Missouri |
Preponderance of the evidence and a criminal conviction or guilty plea |
Agencies are required to report seizures to the prosecuting attorney or attorney general, who must then create annual aggregate reports and submit them to the state auditor, no forfeiture proceeds go to law enforcement, all go to fund schools |
|
Montana |
Criminal conviction required first, then a showing of clear and convincing evidence to forfeit property |
None, up to 100 percent to law enforcement with some exceptions, |
|
Nebraska |
Beyond a reasonable doubt, unless the seizure is gambling-related, in which case the government’s burden is preponderance of the evidence, See LB 106 |
Agencies to provide detailed reports to the state auditor on assets they seize, 50 percent of forfeiture proceeds go to law enforcement |
|
Nevada |
Nev. Rev. Stat. §§ 179.119, 179.1205 |
Clear and convincing evidence and a criminal conviction |
Agencies must submit annual forfeiture reports to the Office of the Attorney General, and the attorney general must then aggregate those reports, up to 100 percent of forfeiture proceeds go to law enforcement, with some exceptions |
New Hampshire |
Criminal conviction as a prerequisite to civil forfeiture proceedings, clear and convincing evidence in civil proceedings, See SB 522 |
The attorney general must submit aggregate forfeiture reports to the state Legislature, up to 90 percent of forfeiture proceeds go to law enforcement divided in various ways |
|
New Jersey |
Preponderance of the evidence |
None, up to 100 percent of forfeiture proceeds go to law enforcement |
|
New Mexico |
Clear and convincing evidence and a criminal conviction are required to forfeit property, see SB 202 |
Law enforcement is required to submit annual seizure and forfeiture reports to the Department of Public Safety, which must aggregate the reports , no forfeiture proceeds go to law enforcement, 100 percent goes to general fund |
|
New York |
Most forfeiture actions must be based on a criminal conviction, drug crimes need only establish that a drug crime has occurred by clear and convincing evidence and then connect property to that crime by a preponderance of the evidence in order to forfeit it |
Police are required to make annual forfeiture reports to the Division of Criminal Justice Services, which must provide aggregate annual reports to the Legislature, 60 percent of forfeiture proceeds go to law enforcement |
|
North Carolina |
Forfeiture requires criminal conviction, civil forfeiture available in racketeering cases (preponderance of the evidence standard) |
None, all forfeiture proceeds must go to public schools |
|
North Dakota |
Probable cause |
No, law enforcement up to 100 percent in most cases |
|
Ohio |
Ohio Rev. Code Ann. §§ 2981.03(G),2981.11(B), 2981.13(C)(3) | Preponderance of the evidence |
Agencies must maintain an inventory of seized property, Up to100 percent of forfeiture proceeds go to law enforcement |
Oklahoma |
Preponderance of the evidence |
Agencies must maintain an inventory of seized and forfeited property, up to 100 percent of forfeiture proceeds go to law enforcement |
|
Oregon |
Criminal conviction is required for all civil forfeitures, preponderance of the evidence for personal property; clear and convincing evidence for real property |
Agencies are required to report forfeiture information to the forfeiture counsel, which is required to report every seizure and its final disposition to the Asset Forfeiture Oversight Advisory Committee, up to 62.5 percent of forfeiture proceeds go to law enforcement |
|
Pennsylvania |
Preponderance of the evidence |
Counties are required to submit annual forfeiture reports to the Office of the Attorney General, which must aggregate the reports and provide them to the Legislature, 100 percent of forfeiture proceeds go to law enforcement |
|
Rhode Island |
Probable cause |
Agencies required to provide annual forfeiture reports to the state treasurer, and the treasurer and attorney general must submit aggregate annual forfeiture reports to the state Legislature, up to 90 percent of forfeiture proceeds go to law enforcement |
|
South Carolina |
Probable cause |
Agencies are required to maintain an inventory of seized property and submit those inventories to the appropriate prosecution agency, 95 percent goes to law enforcement agencies |
|
South Dakota |
Preponderance of the evidence |
None, 100 percent of forfeiture proceeds go to law enforcement |
|
Tennessee |
Preponderance of the evidence |
None, law enforcement can keep up to 100 percent of forfeiture proceeds |
|
Texas |
Preponderance of the evidence |
The Office of the Attorney General is required to create annual aggregate forfeiture reports from reports submitted by law enforcement, up to 70 percent goes to law enforcement |
|
Utah |
Clear and convincing evidence |
Law enforcement required to maintain an inventory of seized property, 100 percent of forfeiture proceeds go to law enforcement |
|
Vermont |
Clear and convincing evidence and a criminal conviction |
Law enforcement required to submit reports of drug-related forfeitures to the state treasurer, 45 percent of forfeiture proceeds go to law enforcement |
|
Virginia |
Preponderance of the evidence |
Agencies must report seizures and forfeitures to the Department of Criminal Justice Services, 100 percent of forfeiture proceeds go to law enforcement |
|
Washington |
Wash. Rev. Code Ann. § 69.50.505 | Preponderance of the evidence |
Seizing agencies are required to file quarterly reports of forfeited property with the state treasurer, 90 percent of forfeiture proceeds go to law enforcement |
West Virginia |
Preponderance of the evidence |
Police departments are required to submit annual forfeiture reports to their local budgetary authorities.100 percent goes to law enforcement |
|
Wisconsin |
The state shall have the burden of satisfying or convincing to a reasonable certainty by the greater weight of the credible evidence that the property is subject to forfeiture |
None, no forfeiture proceeds go to law enforcement |
|
Wyoming |
Preponderance of the evidence |
None, Up to 100 percent of forfeiture proceeds can go to law enforcement |
Note: State laws are always subject to change, usually through the enactment of new legislation but also through court decisions and other means. Contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
If the government is attempting to take away your property, you’ll want a strong legal advocate on your side. The laws in this area are tricky and ever-changing depending on the political climate and the state in which you live. Learn more about the asset forfeiture laws of your state, and how they impact your case, from a criminal defense attorney in your area.
Contact a qualified criminal lawyer to make sure your rights are protected.
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