Idaho
Idaho earns a D- for its civil forfeiture laws.
Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: Up to 100% of forfeiture proceeds go to law enforcement.
The letter grade reflects the state's forfeiture laws as of December 2020. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden and financial incentive language above, but we are not updating the letter grade.
Recent Reforms
- (2018) HB 447: Adopted new transparency requirements; allowed owners to continue using property during pending forfeiture actions; banned vehicle forfeitures for minor drug possession; allowed courts to reject or reduce forfeitures they deem excessive or disproportionate.
Recommendations
- End civil forfeiture
- Direct all forfeiture proceeds to a non-law enforcement fund
- Strengthen protections for innocent third-party owners
- Close the equitable sharing loophole
- Strengthen transparency and accountability requirements
State and Federal Forfeiture Revenues, 2000-2019
In 2018, Idaho law enforcement agencies forfeited more than $227,000 under state law. Between 2000 and 2019, they generated an additional $12.4 million from federal equitable sharing, for a total of at least $12.6 million in forfeiture revenue. Idaho ranks 5th for its participation in the Department of Justice’s equitable sharing program. The state does not prevent state and local agencies from using equitable sharing to circumvent state forfeiture law.
At least $12.6 million in state and federal forfeiture revenue
2000–2019
| Year | Idaho Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
$0 ↦
$1,568,537
|
|---|---|---|---|---|---|
| 2000 | Unknown | $25,770 | $0 | $25,770 | |
| 2001 | Unknown | $60,688 | $25,000 | $85,688 | |
| 2002 | Unknown | $481,322 | $2,000 | $483,322 | |
| 2003 | Unknown | $193,361 | $1,000 | $194,361 | |
| 2004 | Unknown | $1,568,537 | $0 | $1,568,537 | |
| 2005 | Unknown | $299,441 | $746,000 | $1,045,441 | |
| 2006 | Unknown | $228,848 | $31,000 | $259,848 | |
| 2007 | Unknown | $343,308 | $132,000 | $475,308 | |
| 2008 | Unknown | $175,352 | $28,000 | $203,352 | |
| 2009 | Unknown | $275,038 | $440,000 | $715,038 | |
| 2010 | Unknown | $195,311 | $170,000 | $365,311 | |
| 2011 | Unknown | $211,315 | $563,000 | $774,315 | |
| 2012 | Unknown | $531,842 | $152,000 | $683,842 | |
| 2013 | Unknown | $777,955 | $229,000 | $1,006,955 | |
| 2014 | Unknown | $799,491 | $131,000 | $930,491 | |
| 2015 | Unknown | $522,218 | $67,000 | $589,218 | |
| 2016 | Unknown | $574,090 | $304,000 | $878,090 | |
| 2017 | Unknown | $130,645 | $139,000 | $269,645 | |
| 2018 | $227,375 | $409,982 | $81,000 | $718,357 | |
| 2019 | Unavailable | $1,372,757 | $1,000 | $1,373,757 | |
| Totals | $227,375 | $9,177,271 | $3,242,000 | $12,646,646 |
State
Department of Justice
Treasury
|
Forfeitures Under Idaho Law: Key Facts
Median Value
$1,200In 2018, half of Idaho’s reported currency forfeitures were worth less than $1,200.
Property Types
In 2018, 54% of Idaho’s reported forfeitures were of currency.
Civil vs. Criminal
UNKNOWNIdaho does not report whether forfeitures are processed under civil or criminal forfeiture law.
Expenditures
UNKNOWNIdaho does not report how forfeiture funds are spent.
Data Notes
Reports were obtained via public records requests to each county prosecuting attorney. Ten of the 44 counties did not respond to requests. Figures represent value of forfeited property. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, state figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data.
Legal Sources
Standard of proof: Preponderance of the evidence.
Idaho Code §§ 37-2744(d), -2744A(d)(4).
Innocent owner burden: Owner.
Idaho Code §§ 37-2744(d)(3)(D)(IV) (conveyances), -2744A(d)(4) (real property).
Financial incentive: Up to 100%.
Idaho Code §§ 37-2744(e), 57-816(1).