Iowa Code 809A.12A – Limitations on civil forfeiture
Current as of: 2023 | Check for updates
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1. If the total value of the property seized for forfeiture is less than the minimum civil forfeiture amount, a judicial forfeiture proceeding shall not be brought unless one of the following applies:
a. The conduct giving rise to forfeiture resulted in a conviction.
b. The property owner is deceased.
c. Charges have been filed against the property owner, a warrant was issued for the arrest of the property owner, and either of the following applies:
(1) The property owner is outside the state and is unable to be extradited or brought back to the state for prosecution.
(2) Law enforcement has made reasonable efforts to locate and arrest the property owner, but the property owner has not been located.
d. The property owner has not claimed the property subject to forfeiture or asserted any interest in the property at any time during or after the seizure of the property, and all claims brought under section 809A.11 have been denied.
Terms Used In Iowa Code 809A.12A
- Arrest: Taking physical custody of a person by lawful authority.
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Minimum civil forfeiture amount: means five thousand dollars. See Iowa Code 809A.1
- Owner: means a person, other than an interest holder, who has an interest in property. See Iowa Code 809A.1
- Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Iowa Code 809A.1
- Prosecuting attorney: means an attorney who is authorized by law to appear on the behalf of the state in a criminal case, and includes the attorney general, an assistant attorney general, the county attorney, an assistant county attorney, or a special or substitute prosecutor whose appearance is approved by a court having jurisdiction to try a defendant for the offense with which the defendant is charged. See Iowa Code 809A.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. The prosecuting attorney has the burden to prove by clear and convincing evidence that the value of the property is or exceeds the minimum civil forfeiture amount in any civil action.