Tennessee 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
Limited protections for the innocent: Generally, the government must prove third-party owners knew about criminal activity connected to their property, but owners must prove their own innocence in cases involving vehicles.
Financial Incentive
Large profit incentive: Up to 100% of forfeiture proceeds go to law enforcement.
The letter grade reflects Tennessee’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 Tennessee?
Under Tennessee law, the seizing agency must obtain a probable cause determination from a court, and under certain circumstances, you can participate in a hearing and win your property back. If the court finds probable cause, owners’ claims must then be heard by an administrative judge before they can be appealed to a state court. The deadlines leading to an administrative hearing add up to 72 days, not including the probable cause determination, notice of the forfeiture warrant, or the hearing itself. 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 twice the property’s retail value.
*If you fail to appear, the court will determine probable cause ex parte.
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 $338 million in state and federal forfeiture revenue
| Year | Tennessee Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $4,339,691 | $476,000 | $4,815,691 |
| 2001 | Unknown | $5,081,198 | $2,220,000 | $7,301,198 |
| 2002 | Unknown | $4,838,211 | $1,309,000 | $6,147,211 |
| 2003 | Unknown | $3,470,935 | $107,000 | $3,577,935 |
| 2004 | Unknown | $3,416,186 | $154,000 | $3,570,186 |
| 2005 | Unknown | $5,642,415 | $479,000 | $6,121,415 |
| 2006 | Unknown | $4,153,200 | $2,197,000 | $6,350,200 |
| 2007 | Unknown | $6,938,343 | $55,000 | $6,993,343 |
| 2008 | Unknown | $6,221,133 | $1,303,000 | $7,524,133 |
| 2009 | $13,503,206 | $5,205,447 | $1,885,000 | $20,593,653 |
| 2010 | $18,306,327 | $5,808,884 | $440,000 | $24,555,211 |
| 2011 | $11,013,176 | $4,902,412 | $214,000 | $16,129,588 |
| 2012 | $13,192,881 | $6,397,198 | $180,000 | $19,770,079 |
| 2013 | $12,693,569 | $4,870,108 | $48,000 | $17,611,677 |
| 2014 | $12,465,062 | $5,087,224 | $532,000 | $18,084,286 |
| 2015 | $15,107,499 | $5,023,423 | $606,000 | $20,736,922 |
| 2016 | $17,559,291 | $3,845,404 | $396,000 | $21,800,695 |
| 2017 | $17,891,083 | $2,679,554 | $484,000 | $21,054,637 |
| 2018 | $15,130,682 | $3,818,646 | $1,002,000 | $19,951,328 |
| 2019 | $11,985,121 | $5,067,077 | $121,000 | $17,173,198 |
| 2020 | $8,434,639 | $2,784,514 | $1,166,000 | $12,385,153 |
| 2021 | $15,784,582 | $1,009,126 | $1,299,000 | $18,092,708 |
| 2022 | $14,262,291 | $4,161,888 | $341,000 | $18,765,179 |
| 2023 | $12,477,351 | $6,878,954 | $53,000 | $19,409,305 |
| Totals | $209,806,760 | $111,641,171 | $17,067,000 | $338,514,931 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Tennessee does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Tennessee agencies have generated nearly $129 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 106 Tennessee agencies, or an estimated 31% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Tennessee Law: Key Facts
Median Value
UNKNOWN
Tennessee does not report property-level data necessary to calculate median forfeiture value.
Property Types
UNKNOWN
Tennessee property type data were not used for this report.
Proceeding Types
UNKNOWN
Tennessee does not report whether forfeitures are processed under civil or criminal forfeiture law.
Additional Findings
UNKNOWN
Agencies effectively report only limited information about currency forfeitures, resulting in limited transparency into forfeiture activity in the state.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
CStatewide Forfeiture Reports
APenalties for Failure to File a Report
FAccounting for Forfeiture Fund Spending
CAccessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
AFor full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
Statewide forfeiture reports for 2019–2023 were downloaded from the state Department of Safety and Homeland Security’s website. Data for earlier years were obtained via public records requests to the DSHS. Revenues represent the value of currency forfeited in a calendar year and do not include the value of other property forfeited, making them underestimates. 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.
Tenn. Code Ann. §§ 40-33-107(4), -210(a); State v. Sprunger, 458 S.W.3d 482, 500 (Tenn. 2015).
Innocent owner burden: Depends on the property. Generally, the government bears the burden of proof. But for vehicles, owners must prove that they had no knowledge of the criminal use before a claim will be allowed.
Tenn. Code Ann. §§ 40-33-108(a), -210(a)(2), (c)–(f).
Financial incentive: Up to 100%.
Tenn. Code Ann. §§ 40-33-110, -211(a)–(b).
Process: Tenn. Code Ann. §§ 40-33-201 et seq. (forfeiture procedure).