Nevada forfeiture law provides paltry protection for property owners from wrongful forfeitures. The government may seize your property and keep it upon a showing of clear and convincing evidence, a higher standard than many states but still lower than the criminal standard of beyond a reasonable doubt. But the burden falls on you to prove that you are an innocent owner by showing that the act giving rise to the forfeiture was done without your knowledge, consent or willful blindness. Further, law enforcement keeps 100 percent of the revenue raised from the sale of forfeited property. Additionally, the revenue must be spent within the year, because any excess more than $100,000 in a forfeiture account is given to local schools. This provision creates an incentive to rely on new forfeitures each year. Nevada law enforcement officials are supposed to report on forfeiture, but they did not respond to requests for information.
1 Skolnik, S. (2006, September 26). Their loss is our gain as police claim the tools of the criminal trade. Las Vegas Sun, p. 1.
Forfeitures as Reported to LEMAS (Drug-related only)
Assets Forfeited per
Law Enforcement Agency
Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)
Proceeds Returned to State
Average per Year
Freedom of Information Data
No Data Available; Required to Collect, But Did Not Respond to Request