Idaho 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
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Financial Incentive
Large profit incentive: Up to 100% of forfeiture proceeds go to law enforcement.
The letter grade reflects Idaho’s forfeiture laws as of May 7, 2025. 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.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in Idaho?
*You have only 20 days if the property is a vehicle.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $13 million in state and federal forfeiture revenue
| Year | Idaho Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 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 | Unknown | $1,372,757 | $1,000 | $1,373,757 |
| 2020 | Unknown | $437,474 | $0 | $437,474 |
| 2021 | Unknown | $101,178 | $9,000 | $110,178 |
| 2022 | Unknown | $53,382 | $0 | $53,382 |
| 2023 | Unknown | $572,802 | $0 | $572,802 |
| Totals | $227,375 | $10,342,107 | $3,251,000 | $13,820,482 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Idaho does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Idaho agencies have generated nearly $14 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 27 Idaho agencies, or an estimated 26% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Idaho Law: Key Facts
Median Value
UNKNOWN
Idaho does not report property-level data necessary to calculate median forfeiture value.
Property Types
UNKNOWN
Idaho does not report the types of property forfeited.
Proceeding Types
UNKNOWN
Idaho does not report whether forfeitures are processed under civil or criminal forfeiture law.
Additional Findings
UNKNOWN
Agencies effectively do not report on their forfeitures, resulting in limited transparency into forfeiture activity in the state.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
C+Statewide Forfeiture Reports
FPenalties for Failure to File a Report
FAccounting for Forfeiture Fund Spending
FAccessibility of Forfeiture Records
DFinancial Audits of Forfeiture Accounts
FFor full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
No statewide forfeiture records are available. Records from 2018 were obtained via public records requests to county prosecuting attorneys. Revenues represent the value of property forfeited in that year. Because the prosecuting attorneys for 10 of Idaho’s 44 counties did not respond to our requests, 2018 revenues are likely underestimated. 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.
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).
Process: Idaho Code § 37-2744 (forfeiture procedure); Idaho R. Civ. P. 12 (time to answer), 55 (default judgment).