Earning a C+, California’s civil forfeiture laws are above average, but law enforcement circumvents their intent through participation in the federal government’s equitable sharing program so aggressive that it ranks 50^th—second worst—in the country. In California, to forfeit most kinds of property, the standard of proof is beyond a reasonable doubt, and a conviction is required (though not necessarily the owner’s conviction). Only in drug cases where more than $25,000 is seized is the standard lower: clear and convincing evidence. When an innocent person asserts an interest in seized property, the government bears the burden of proving that the owner was aware of the property’s illegal use. California law lets law enforcement keep 66.25 percent of forfeiture revenue—less of an incentive than in many other states but still an incentive to seize property for financial gain.

The California Office of the Attorney General publishes annual reports of counties’ forfeiture income on its website, though it excludes important details, such as an accounting of expenditures from forfeiture funds. According to these reports, California law enforcement forfeited almost $280 million over the period of 2002 to 2013­—an annual average of more than $23 million.