Oregon
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Oregon
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Forfeiture Law |
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Oregon civil forfeiture laws have been the subject of much controversy and litigation over the past decade. In 2000, the voters passed a strong initiative that eliminated both the profit incentive and placed a high standard of proof on the government in civil forfeiture proceedings. Unfortunately, that initiative was put on hold while its constitutionality was challenged in court by law enforcement, where it was eventually upheld in 2006. By that time, however, law enforcement successfully advocated for both additional changes in the legislature and also for another initiative, which narrowly passed in 2008 and curtailed several of the strong reforms passed in the 2000 initiative.Thankfully for property owners, the burden has remained on the government for innocent owner claims regardless of which law or amendment was in effect. Before statutory changes were made in 2005, the government needed to show only probable cause to forfeit property in the first instance. Today, to secure forfeiture of personal property, the government has to prove, only by a preponderance of the evidence, that the property is proceeds or an instrumentality of a crime committed by another person. If the property is real property, the standard of proof is clear and convincing evidence. Before 2005, law enforcement was able to keep 92 percent of proceeds for its own use. After 2005, the formula was changed so that law enforcement now keeps 63 percent. That formula remains in place after the 2008 initiative.
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