Nebraska

Grades 
Forfeiture
Law Grade
 State Law Evasion Grade  Final
Grade
Nebraska
Forfeiture Law
Nebraska has a very high standard—beyond a reasonable doubt—to forfeit property.  However, once the state establishes that the property is subject to forfeiture, the burden shifts to the property owner to establish that he is an innocent owner.  In Nebraska, law enforcement receives 75 percent of forfeiture proceeds.Given these limitations, Nebraska law enforcement only took in about $600,000 in total forfeitures from 2001 to 2002.  But Nebraska agencies take advantage of equitable sharing arrangements.  For example, an out-of-state driver crossing Nebraska was stopped by law enforcement, and police found a small amount of marijuana but later dropped the drug charges.  The police took a suitcase with more than $40,000 in it and turned it over to a federal agent.  The Nebraska Supreme Court found the state courts had no jurisdiction over the money after the federal agents took possession, even though the initial seizure was conducted by state agents and any eventual receipts would be equitably shared with local law enforcement.[1]

1 Obad v. State, 766 N.W.2d 89 (Neb. 2009).

 

Forfeitures as Reported to LEMAS (Drug-related only)

 

Total Assets
Forfeited

Assets Forfeited per
Law Enforcement Agency

1993

$2,367,871

$81,561

1997

$11,725,158

$47,819

2000

$9,296,488

$41,309

2003

$1,362,393

$7,834

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$2,089,356

FY 2001

$1,536,488

FY 2002

$826,487

FY 2003

$3,949,404

FY 2004

$3,358,978

FY 2005

$2,284,353

FY 2006

$5,348,456

FY 2007

$4,087,991

FY 2008

$4,929,203

Total

$28,410,716

Average per Year

$3,156,746

 

Freedom of Information Data
Reports of forfeitures by counties; type and number of law enforcement agencies unclearTotal amount of assets, 2001-2002: $604,722

 

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