South Carolina
South Carolina earns a D- for its civil forfeiture laws.
Low bar to forfeit: Once the government seizes property, the owner must prove by preponderance of the evidence that it is not connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: 95% of forfeiture proceeds go to law enforcement (75% to police and 20% to prosecutors).
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
- None.
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
- Adopt strong transparency and accountability requirements
State and Federal Forfeiture Revenues, 2000-2019
Between 2009 and 2018, South Carolina law enforcement agencies forfeited nearly $97 million under state law. Between 2000 and 2019, they generated an additional $103 million from federal equitable sharing, for a total of at least $200 million in forfeiture revenue. South Carolina ranks 17th 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 $200 million in state and federal forfeiture revenue
2000–2019
| Year | South Carolina Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
$0 ↦
$33,976,781
|
|---|---|---|---|---|---|
| 2000 | Unknown | $1,298,766 | $182,000 | $1,480,766 | |
| 2001 | Unknown | $1,199,110 | $156,000 | $1,355,110 | |
| 2002 | Unknown | $3,641,683 | $179,000 | $3,820,683 | |
| 2003 | Unknown | $3,560,979 | $909,000 | $4,469,979 | |
| 2004 | Unknown | $4,893,591 | $1,291,000 | $6,184,591 | |
| 2005 | Unknown | $3,005,058 | $1,012,000 | $4,017,058 | |
| 2006 | Unknown | $4,414,456 | $186,000 | $4,600,456 | |
| 2007 | Unknown | $2,877,220 | $491,000 | $3,368,220 | |
| 2008 | Unknown | $4,761,356 | $828,000 | $5,589,356 | |
| 2009 | $11,252,857 | $5,400,255 | $4,410,000 | $21,063,112 | |
| 2010 | $27,293,327 | $4,669,454 | $2,014,000 | $33,976,781 | |
| 2011 | $10,283,445 | $6,414,020 | $397,000 | $17,094,465 | |
| 2012 | $5,575,337 | $4,676,816 | $3,618,000 | $13,870,153 | |
| 2013 | $8,589,587 | $5,198,224 | $2,457,000 | $16,244,811 | |
| 2014 | $6,525,077 | $4,456,240 | $3,322,000 | $14,303,317 | |
| 2015 | $10,233,492 | $4,280,780 | $1,413,000 | $15,927,272 | |
| 2016 | $7,473,777 | $1,920,772 | $4,910,000 | $14,304,549 | |
| 2017 | $5,665,498 | $1,195,492 | $1,320,000 | $8,180,990 | |
| 2018 | $4,058,329 | $3,964,619 | $383,000 | $8,405,948 | |
| 2019 | Unavailable | $1,504,895 | $364,000 | $1,868,895 | |
| Totals | $96,950,726 | $73,333,786 | $29,842,000 | $200,126,512 |
State
Department of Justice
Treasury
|
Forfeitures Under South Carolina Law: Key Facts
Median Value
UnknownSouth Carolina does not report property-level data necessary to calculate median forfeiture value.
Property Types
UnknownSouth Carolina does not report the types of property forfeited.
Civil vs. Criminal
UNKNOWNSouth Carolina does not report whether forfeitures are processed under civil or criminal forfeiture law.
Expenditures
UNKNOWNSouth Carolina does not report how forfeiture funds are spent.
Data Notes
Forfeiture records were obtained via public records request to the South Carolina State Treasurer. Figures presented are calculated estimates of statewide forfeiture proceeds based on fiscal-year deposits to the state general fund, which receives, by law, 5% of all forfeiture proceeds. 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: The government must show probable cause for the 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), -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, -586(b); Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006).
Financial incentive: 95% (75% to law enforcement, 20% to prosecutors).
S.C. Code Ann. § 44-53-530(e).