Alabama earns a D- for its civil forfeiture laws

Standard of Proof

Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.

Innocent Owner Burden

Stronger protections for the innocent: The government must prove third-party owners knew about criminal activity connected to their property.

Financial Incentive

Large profit incentive: 100% of forfeiture proceeds go to law enforcement.

  • 2021 (SB 210): Codified standard of proof; shifted burden of proof from innocent owners to government for all property; imposed modest new limits on participation in federal equitable sharing; strengthened transparency requirements; prohibited seizures of currency less than $250 and vehicles worth less than $5,000; allowed innocent owners to request an expedited hearing; required police to show probable cause within seven business days of seizure.
  • 2025 (SB 123): Modestly strengthened transparency requirements.

Recommendations

  • End civil forfeiture
  • Direct all forfeiture proceeds to a non-law enforcement fund
  • Fully close the equitable sharing loophole
  • Strengthen transparency and accountability requirements
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State and Federal Forfeiture Proceeds, 2000–2023

At least $129 million in state and federal forfeiture revenue

Year Alabama Forfeiture Revenues Dept. of Justice Equitable Sharing Proceeds Treasury Equitable Sharing Proceeds Total
2000 Unknown $1,898,205 $250,000 $2,148,205
2001 Unknown $2,602,074 $123,000 $2,725,074
2002 Unknown $1,968,319 $269,000 $2,237,319
2003 Unknown $4,216,595 $764,000 $4,980,595
2004 Unknown $6,628,648 $91,000 $6,719,648
2005 Unknown $4,866,686 $373,000 $5,239,686
2006 Unknown $5,314,799 $4,000 $5,318,799
2007 Unknown $8,563,174 $185,000 $8,748,174
2008 Unknown $6,500,693 $19,000 $6,519,693
2009 Unknown $8,321,217 $295,000 $8,616,217
2010 Unknown $8,236,687 $1,816,000 $10,052,687
2011 Unknown $4,608,034 $950,000 $5,558,034
2012 Unknown $8,429,272 $216,000 $8,645,272
2013 Unknown $1,880,420 $252,000 $2,132,420
2014 Unknown $5,095,019 $993,000 $6,088,019
2015 Unknown $3,091,009 $1,876,000 $4,967,009
2016 Unknown $2,338,392 $724,000 $3,062,392
2017 Unknown $1,980,089 $490,000 $2,470,089
2018 Unknown $4,951,811 $253,000 $5,204,811
2019 $2,410,185 $2,034,629 $753,000 $5,197,814
2020 $3,474,427 $1,026,042 $2,148,000 $6,648,469
2021 $4,331,175 $2,040,870 $374,000 $6,746,045
2022 $2,050,502 $1,194,221 $111,000 $3,355,723
2023 $4,688,582 $1,700,751 $132,000 $6,521,333
Totals $16,954,871 $99,487,656 $13,461,000 $129,903,527

Federal Equitable Sharing

Since 2000, Alabama agencies have generated nearly $113 million in equitable sharing proceeds. And on average from 2019 to 2023, 104 Alabama agencies, or an estimated 27% of all law enforcement agencies in the state, were certified for the program. In January 2022, the state banned one kind of equitable sharing—adoptions—unless the seized property includes cash over $10,000. It is too soon to know whether the reform will have an effect.

Forfeitures Under Alabama Law: Key Facts

Median Value

UNKNOWN

Alabama does not report property-level data necessary to calculate median forfeiture value.

Property Types

UNKNOWN

Alabama does not report the types of property forfeited.

Proceeding Types

UNKNOWN

Alabama does not report whether forfeitures are processed under civil or criminal forfeiture law.

Additional Findings

UNKNOWN

Agencies do not provide detailed data on seized or forfeited property, resulting in limited transparency into forfeiture activity in the state.

Forfeiture Transparency and Accountability Report Card

Tracking Seized Property
B
Statewide Forfeiture Reports
B
Penalties for Failure to File a Report
F
Accounting for Forfeiture Fund Spending
F
Accessibility of Forfeiture Records
A
Financial Audits of Forfeiture Accounts
F
Data Notes

Statewide forfeiture reports were downloaded from the Alabama Law Enforcement Agency’s website. Revenues represent the value of currency forfeited in a fiscal year and do not include the value of other property forfeited, making them underestimates. Based on when statewide reporting was initiated, 2019 revenues likely do not cover the entire fiscal year. No statewide records were available prior to 2019. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.

Legal Sources

Standard of proof: Preponderance of the evidence.

Ala. Code § 20-2-93(o).

Innocent owner burden: Government.

Ala. Code § 20-2-93(w).

Financial incentive: 100%.

Ala. Code § 20-2-93(s).

Process: Ala. Code § 20-2-93 (forfeiture procedure); id. § 28-4-287 (bond for vehicle return); id. § 15-5-63 (expedited hearing); Ala. R. Civ. P. 4 (service of complaint).