South Carolina

South Carolina earns a D- for its civil forfeiture laws

State Forfeiture Laws

South Carolina’s civil forfeiture laws offer very little protection for property owners, earning a D- grade. As in all states, law enforcement need only have probable cause to seize property. But to get seized property back in South Carolina, an owner must show that it is not forfeitable by a preponderance of the evidence. Innocent owners also bear the burden of proving that they did not consent to the illegal use of their property. Making matters worse, South Carolina law enforcement agencies have a powerful incentive to seize property: They retain 95 percent of forfeiture proceeds, with 75 percent going to police agencies and 20 percent to prosecutors. The remaining 5 percent is deposited into the state’s general fund.

Not only do South Carolina’s laws fail to protect property owners, but they also fail to provide much transparency: Law enforcement agencies are not required to track or report their forfeitures. Instead, they only have to maintain an inventory of seized property and share that information with the appropriate prosecution agency. The Institute for Justice was able to obtain records of the 5 percent of forfeiture proceeds deposited into the state general fund by filing a South Carolina Freedom of Information Act request with the state treasurer. IJ used these records to estimate that law enforcement agencies obtained $22.7 million in forfeiture proceeds between 2009 and 2014, averaging $3.8 million per fiscal year.

State Law Sources

Standard of proof	Government must show probable cause for seizure and the owner must show that the property is not forfeitable by a preponderance of the evidence. S.C. Code Ann. §§ 44-53-520(b) to -586(b); Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006).
Innocent owner burden	Owner. S.C. Code Ann. § 44-53-540; Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006).
Profit incentive	95 percent (75 percent to law enforcement, 20 percent to prosecutors). S.C. Code Ann. § 44-53-530(e).
Reporting requirements	Agencies are required to maintain an inventory of seized property and submit those inventories to the appropriate prosecution agency. S.C. Code Ann. § 44-53-520(j).

South Carolina ranks 29th for federal forfeiture, with over $56 million in Department of Justice equitable sharing proceeds from 2000 to 2013.

State Forfeiture Data

Year	Estimated Forfeiture Proceeds
2009	$3,355,238
2010	$5,350,240
2011	$4,838,507
2012	$2,763,891
2013	$2,633,693
2014	$3,735,480
Total	$22,677,048
Average per year	$3,779,508

Federal Equitable Sharing

South Carolina law enforcement’s participation in the Department of Justice’s equitable sharing program earns the Palmetto State 29^th place in the national rankings. Between 2000 and 2013, South Carolina agencies received over $56 million in DOJ equitable sharing proceeds, averaging more than $4 million each calendar year. Almost 80 percent of assets seized and 62 percent of proceeds received came from joint task forces and investigations, equitable sharing practices largely unaffected by the DOJ’s new policy intended to rein in equitable sharing. Further, South Carolina agencies received more than $18 million in equitable sharing proceeds from the Treasury Department, averaging $1.3 million each fiscal year between 2000 and 2013.

Year	DOJ (calendar years)	Treasury (fiscal years)
2000	$779,698	$182,000
2001	$1,553,493	$156,000
2002	$3,773,898	$179,000
2003	$3,873,238	$909,000
2004	$4,049,345	$1,286,000
2005	$3,490,372	$1,012,000
2006	$3,955,589	$186,000
2007	$3,454,685	$491,000
2008	$4,041,224	$828,000
2009	$6,506,996	$4,410,000
2010	$4,786,969	$2,014,000
2011	$6,800,641	$397,000
2012	$2,928,667	$3,618,000
2013	$6,212,660	$2,457,000
Total	$56,207,475	$18,125,000
Average Per Year	$4,014,820	$1,294,643