Missouri earns a B+ for its civil forfeiture laws

Standard of Proof

Higher bar to forfeit: Strong conviction provision requires conviction of the owner, even if forfeiture is uncontested. Once there is a conviction, property must be linked to the crime by preponderance of the evidence.

Innocent Owner Burden

Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.

Financial Incentive

No profit incentive: All forfeiture proceeds go to fund schools.

  • None.

Recommendations

  • End civil forfeiture
  • Strengthen protections for innocent third-party owners
  • Close the equitable sharing loophole
  • Strengthen transparency and accountability requirements
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What happens after personal property is seized in Missouri? 

Under Missouri’s strong conviction requirement, property can be forfeited only if an owner is convicted. 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 value. 

State and Federal Forfeiture Proceeds, 2000–2023

At least $225 million in state and federal forfeiture revenue

Year Missouri Forfeiture Revenues Dept. of Justice Equitable Sharing Proceeds Treasury Equitable Sharing Proceeds Total
2000 $115,156 $8,179,698 $274,000 $8,568,854
2001 $224,721 $4,979,750 $464,000 $5,668,471
2002 $462,510 $4,079,649 $219,000 $4,761,159
2003 $420,680 $4,781,175 $207,000 $5,408,855
2004 $90,546 $6,024,911 $169,000 $6,284,457
2005 $142,450 $8,546,529 $32,000 $8,720,979
2006 $148,446 $9,479,687 $229,000 $9,857,133
2007 $148,922 $10,667,509 $118,000 $10,934,431
2008 $117,064 $10,461,755 $55,000 $10,633,819
2009 $30,673 $19,504,675 $224,000 $19,759,348
2010 $51,948 $13,604,657 $1,459,000 $15,115,605
2011 $317,178 $11,364,666 $1,677,000 $13,358,844
2012 $167,736 $10,732,462 $748,000 $11,648,198
2013 $232,440 $7,773,383 $5,255,000 $13,260,823
2014 $255,712 $6,377,879 $609,000 $7,242,591
2015 $125,466 $7,841,569 $558,000 $8,525,035
2016 $194,134 $6,464,769 $2,010,000 $8,668,903
2017 $360,726 $5,587,862 $430,000 $6,378,588
2018 $201,830 $8,621,102 $268,000 $9,090,932
2019 $269,475 $6,102,289 $1,417,000 $7,788,764
2020 $130,922 $6,232,514 $3,042,000 $9,405,436
2021 $180,993 $10,524,972 $1,512,000 $12,217,965
2022 $160,128 $3,572,547 $834,000 $4,566,675
2023 $213,551 $5,842,043 $1,680,000 $7,735,594
Totals $4,763,407 $197,348,052 $23,490,000 $225,601,459

Federal Equitable Sharing

Missouri places modest limits on state and local law enforcement’s ability to use the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Missouri agencies have generated nearly $221 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 169 Missouri agencies, or an estimated 32% of all law enforcement agencies in the state, were certified for the program.

Forfeitures Under Missouri Law: Key Facts

Median Value

$1,942

From 2019 to 2023, half of Missouri’s currency forfeitures were worth less than $1,942.

Property Types

From 2019 to 2023, nearly 90% of Missouri’s forfeitures were solely of currency.

Proceeding Types

UNKNOWN

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

Additional Findings

UNKNOWN

Most property was still winding its way through the forfeiture process at the time of reporting, resulting in an incomplete picture of forfeiture activity in the state.

Forfeiture Transparency and Accountability Report Card

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

Forfeiture case data were obtained from the state auditor via public records requests and download from its website. All figures are in calendar years. Revenues for 2019–2023 represent the value of forfeited currency and property reported in a calendar year. Because final disposition was pending for roughly two-thirds of properties, revenues are likely substantially underestimated. Revenues for earlier years represent forfeited currency and proceeds of forfeited property seized and transferred to the state in the same calendar year. 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: Strong conviction provision requires an owner’s conviction, even when forfeiture is uncontested. Once there is a conviction, property must be linked to the crime by a preponderance of the evidence.

Mo. Rev. Stat. § 513.607(1)–(2) (forfeiture is “a civil procedure,” and civil cases in Missouri are subject to the preponderance standard); id. § 513.645(6); City of Springfield v. Gee, 149 S.W.3d 609, 615–16 (Mo. Ct. App. 2004); see also Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104, 110 (Mo. 1996).

Innocent owner burden: Owner.

Mo. Rev. Stat. § 513.615; State v. Beaird, 914 S.W.2d 374, 378 (Mo. Ct. App. 1996); State v. 1973 Fleetwood Mobile Home, 802 S.W.2d 582, 584 & n.3 (Mo. Ct. App. 1991).

Financial incentive: No financial incentive. All forfeiture proceeds go to fund schools.

Mo. Const. art. IX, § 7; Mo. Rev. Stat. § 513.623.

Process: Mo. Rev. Stat. §§ 513.600 et seq. (forfeiture procedure); Mo. R. Civ. P. 54.21 (service of complaint).