Iowa earns a D- for its civil forfeiture laws

Standard of Proof

Higher bar to forfeit in limited cases: Weak conviction provision falls short of criminal forfeiture. It applies only if an owner contests forfeiture, putting the burden on owners to engage in a costly legal battle and making it easy for the government to forfeit without conviction. It does not require conviction of the owner, only of any person, and does not apply to property valued above $5,000. Once the conviction provision is satisfied, property must be linked to the crime by clear and convincing evidence.

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.

  • None.

Recommendations

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

At least $111 million in state and federal forfeiture revenue

Year Iowa Forfeiture Revenues Dept. of Justice Equitable Sharing Proceeds Treasury Equitable Sharing Proceeds Total
2000 $1,830,645 $725,201 $11,000 $2,566,846
2001 $1,586,684 $385,477 $2,000 $1,974,161
2002 $2,132,665 $454,855 $4,000 $2,591,520
2003 $2,022,894 $3,606,690 $161,000 $5,790,584
2004 $2,211,940 $3,429,906 $5,000 $5,646,846
2005 $2,466,726 $1,497,974 $91,000 $4,055,700
2006 $3,910,228 $2,261,349 $111,000 $6,282,577
2007 $2,617,157 $1,770,877 $0 $4,388,034
2008 $2,551,467 $1,577,120 $20,000 $4,148,587
2009 $2,097,891 $8,598,692 $4,000 $10,700,583
2010 $1,653,044 $3,775,561 $118,000 $5,546,605
2011 $5,425,344 $4,101,795 $232,000 $9,759,139
2012 $3,247,836 $1,834,790 $1,220,000 $6,302,626
2013 $3,318,503 $2,481,399 $543,000 $6,342,902
2014 $4,276,751 $1,529,016 $782,000 $6,587,767
2015 $4,046,701 $1,870,722 $86,000 $6,003,423
2016 $3,134,819 $413,565 $128,000 $3,676,384
2017 $2,078,084 $463,866 $51,000 $2,592,950
2018 $1,814,946 $1,024,532 $17,000 $2,856,478
2019 $1,938,666 $846,601 $73,000 $2,858,267
2020 $1,370,103 $580,893 $7,000 $1,957,996
2021 $1,519,558 $415,381 $42,000 $1,976,939
2022 $2,405,117 $1,134,599 $10,000 $3,549,716
2023 $1,575,159 $1,393,442 $23,000 $2,991,601
Totals $61,232,928 $46,174,303 $3,741,000 $111,148,231

Federal Equitable Sharing

Iowa does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Iowa agencies have generated nearly $50 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 93 Iowa agencies, or an estimated 24% of all law enforcement agencies in the state, were certified for the program.

Forfeitures Under Iowa Law: Key Facts

Median Value

$1,213

From 2019 to 2023, half of Iowa’s currency forfeitures were worth less than $1,213 per case.

Property Types

From 2019 to 2023, more than 90% of Iowa’s forfeitures were solely of currency.

Proceeding Types

UNKNOWN

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

Forfeiture Transparency and Accountability Report Card

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

Forfeiture case data for 2019–2023 were downloaded from the state’s data portal. Data for earlier years were obtained via public records requests to the state attorney general and download from the state’s data portal. Revenues for 2019–2023 represent the value of currency and real property forfeited in a fiscal year, while those for earlier years use a very similar methodology. Vehicles are not consistently valued and thus not included in our totals, making them underestimates. Data for 2019 reported in the third edition of Policing for Profit have been updated to reflect additional forfeitures added to the state’s data portal. 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: Weak conviction provision does not require conviction of an owner, but only “a conviction” of any person—and only for forfeitures of property worth less than $5,000 and only when a claim is filed. After the conviction provision is satisfied, prosecutors must show that the property is subject to forfeiture by clear and convincing evidence.

Iowa Code Ann. §§ 809A.1(4), .12A(1), .13(7).

Innocent owner burden: Government.

Iowa Code Ann. §§ 809A.12(7), .13(7).

Financial incentive: 100%.

Iowa Code Ann. § 809A.17.

Process: Iowa Code §§ 809A.1 et seq. (forfeiture procedure); Iowa R. Civ. P. 1.302 (service of complaint).