Wyoming earns a D- for its civil forfeiture laws

Standard of Proof

Somewhat higher bar to forfeit: Prosecutors must provide clear and convincing 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.

  • None.

Recommendations

  • End civil forfeiture
  • Direct all forfeiture proceeds to a non-law enforcement fund
  • 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 Wyoming? 

Under Wyoming law, prosecutors’ and owners’ deadlines leading to a judicial hearing add up to 230 days, but the wait may be longer as there is no deadline for the hearing itself. While you wait, the government has your property, and you have no way to seek its return. 

State and Federal Forfeiture Proceeds, 2000–2023

At least $14 million in state and federal forfeiture revenue

Year Wyoming Forfeiture Revenues Dept. of Justice Equitable Sharing Proceeds Treasury Equitable Sharing Proceeds Total
2000 $122,385 $0 $0 $122,385
2001 $163,313 $38,604 $8,000 $209,917
2002 $681,761 $715 $228,000 $910,476
2003 $892,274 $10,881 $6,000 $909,155
2004 $705,927 $18,250 $43,000 $767,177
2005 $391,406 $119,916 $0 $511,322
2006 $500,956 $260,660 $0 $761,616
2007 $333,790 $66,348 $0 $400,138
2008 $383,596 $113,176 $0 $496,772
2009 $460,814 $211,416 $17,000 $689,230
2010 $242,631 $211,769 $270,000 $724,400
2011 $429,004 $250,286 $68,000 $747,290
2012 $296,879 $47,619 $0 $344,498
2013 $393,048 $38,653 $12,000 $443,701
2014 $301,392 $28,429 $10,000 $339,821
2015 $360,852 $46,657 $0 $407,509
2016 $902,866 $150,044 $48,000 $1,100,910
2017 $1,157,090 $68,302 $0 $1,225,392
2018 $147,522 $36,097 $194,000 $377,619
2019 $836,041 $55,612 $153,000 $1,044,653
2020 $473,106 $105,726 $38,000 $616,832
2021 $588,455 $33,090 $16,000 $637,545
2022 $492,461 $33,604 $57,000 $583,065
2023 $252,744 $48,899 $38,000 $339,643
Totals $11,510,313 $1,994,753 $1,206,000 $14,711,066

Federal Equitable Sharing

Wyoming does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Wyoming agencies have generated more than $3.2 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 17 Wyoming agencies, or an estimated 24% of all law enforcement agencies in the state, were certified for the program.

Forfeitures Under Wyoming Law: Key Facts

Median Value

$2,573

From 2019 to 2023, half of Wyoming’s currency forfeitures were less than $2,573.

Property Types

From 2019 to 2023, more than half of Wyoming’s forfeitures were of currency.

Proceeding Types

UNKNOWN

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

Median Time to Return

8 months

From 2019 to 2023, when owners got their property back in Wyoming, it typically took almost eight months, though one-quarter of returns took at least 11 months.

Forfeiture Transparency and Accountability Report Card

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

Statewide forfeiture reports with property-level data were obtained via public records requests to the state attorney general. Revenues for 2019–2023 represent the value of forfeited currency and property based on the calendar year in which the forfeiture case was initiated. Revenues for earlier years may not include forfeited property that was retained rather than sold but otherwise use the same methodology. 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: Clear and convincing evidence.

Wyo. Stat. Ann § 35-7-1049(k).

Innocent owner burden: Owner.

Wyo. Stat. Ann. §§ 35-7-1049(m), -1050.

Financial incentive: Up to 100%.

Wyo. Stat. Ann. § 35-7-1049(r)(i)–(vi).

Process: Wyo. Stat. Ann. § 35-7-1049 (forfeiture procedure); Wyo. R. Civ. P. 4(w) (service of complaint), 12(a)(1)(A) (time to answer), 55 (default judgment).