Minnesota 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 and applies only to judicial forfeitures. For property worth less than $50,000, the provision requires an owner to contest forfeiture, putting the burden on owners to engage in a costly legal battle and making it easy for the government to forfeit without a conviction. It does not require conviction of the owner, only of “a person,” and it does not apply if the person has agreed to help investigators to avoid criminal charges. Once the conviction provision is satisfied, property must be linked to the crime by clear and convincing evidence.
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: In general, 90% of forfeiture proceeds go to law enforcement; 60% in cases involving prostitution or human trafficking; 100% in DWI cases.
The letter grade reflects Minnesota’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 Minnesota?*
Under Minnesota law, the government’s, owners’, and court deadlines leading to a judicial hearing add up to 210 days, but the deadline for providing notice can be extended and any criminal proceedings may add to the wait. While you wait, the government has your property, but you can try to get it back while the case continues by posting a bond equal to the property’s retail value or, for a vehicle, surrendering title.
*This procedure applies to property worth $50,000 or less.
**For vehicle seizures linked to a charge of prostitution or fleeing police, notice is given within 48 hours of the seizure and an expedited hearing is held within 96 hours of the seizure.
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 $203 million in state and federal forfeiture revenue
| Year | Minnesota Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | $1,527,765 | $1,046,751 | $89,000 | $2,663,516 |
| 2001 | $1,432,526 | $1,348,423 | $19,000 | $2,799,949 |
| 2002 | $1,705,349 | $1,810,187 | $2,000 | $3,517,536 |
| 2003 | $2,941,670 | $1,133,648 | $24,000 | $4,099,318 |
| 2004 | $3,476,866 | $1,369,123 | $7,000 | $4,852,989 |
| 2005 | $4,945,153 | $1,930,861 | $0 | $6,876,014 |
| 2006 | $4,484,783 | $1,498,393 | $434,000 | $6,417,176 |
| 2007 | $5,338,925 | $1,960,561 | $46,000 | $7,345,486 |
| 2008 | $4,052,661 | $2,436,864 | $7,000 | $6,496,525 |
| 2009 | $5,090,004 | $3,020,632 | $71,000 | $8,181,636 |
| 2010 | $3,961,368 | $2,758,675 | $235,000 | $6,955,043 |
| 2011 | $8,691,336 | $1,929,775 | $192,000 | $10,813,111 |
| 2012 | $8,830,564 | $2,299,709 | $81,000 | $11,211,273 |
| 2013 | $9,077,684 | $1,802,910 | $457,000 | $11,337,594 |
| 2014 | $9,849,772 | $1,296,529 | $555,000 | $11,701,301 |
| 2015 | $9,462,258 | $2,155,604 | $290,000 | $11,907,862 |
| 2016 | $9,271,242 | $860,280 | $48,000 | $10,179,522 |
| 2017 | $8,835,279 | $2,106,285 | $2,673,000 | $13,614,564 |
| 2018 | $10,045,669 | $958,392 | $30,000 | $11,034,061 |
| 2019 | $9,113,429 | $1,863,220 | $1,434,000 | $12,410,649 |
| 2020 | $7,064,855 | $2,537,103 | $864,000 | $10,465,958 |
| 2021 | $9,624,717 | $841,233 | $577,000 | $11,042,950 |
| 2022 | $7,686,711 | $1,647,146 | $336,000 | $9,669,857 |
| 2023 | $4,918,315 | $2,696,193 | $120,000 | $7,734,508 |
| Totals | $151,428,901 | $43,308,497 | $8,591,000 | $203,328,398 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Minnesota does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Minnesota agencies have generated nearly $52 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 85 Minnesota agencies, or an estimated 22% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Minnesota Law: Key Facts
Median Value
$1,038
From 2019 to 2023, half of Minnesota’s currency forfeitures were worth less than $1,038.
Property Types
From 2019 to 2023, nearly 60% of Minnesota’s forfeitures were of vehicles.
Proceeding Types
From 2022 to 2023, at least 82% of Minnesota’s forfeitures were initiated under administrative, not judicial, forfeiture proceedings.
Contested Forfeitures
In 2023, only 15% of forfeitures were contested.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
BStatewide Forfeiture Reports
APenalties for Failure to File a Report
FAccounting for Forfeiture Fund Spending
AAccessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
FFor full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
Statewide, property-level forfeiture data were obtained from the state auditor via download from its website and public records requests. Revenues for 2019–2023 represent the value of forfeited currency after any returns to owners and property sold (including any bought back by owners) in a calendar year and do not include the value of property retained or forwarded to other agencies, making them underestimates. Earlier years use a slightly different methodology that may result in small differences over time. 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 of “a person”—and only for forfeitures of property worth less than $50,000 and only when the owner files a claim. The provision does not apply if the government obtains “[a] person’s agreement to provide information” in exchange for a dropped charge. After the conviction provision is satisfied, property must be linked to the crime by clear and convincing evidence.
Minn. Stat. §§ 609.5314, subd. 2–3, 609.531, subd. 6a(b), 6a(d).
Innocent owner burden: Owner.
Minn. Stat. § 609.5311, subd. 3(d); Jacobson v. $55,900 in U.S. Currency, 728 N.W.2d 510, 519–20 & n.6 (Minn. 2007); Blanche v. 1995 Pontiac Grand Prix, 599 N.W.2d 161, 167 (Minn. 1999); see also Minn. Stat. §§ 609.5314, subd. 1a(f)–(h), 169A.63, subds. 7a(d), (f)–(h), 9(e).
Financial incentive: 90% in general; 60% in cases involving prostitution or human trafficking; 100% in DWI cases.
Minn. Stat. §§ 609.5315, subds. 5–5c, 169A.63, subd. 10(b).
Process: Minn. Stat. §§ 609.531–.5319 (forfeiture procedure).