When They Take Your Property
Idaho Code § 37-2744 — cash alone is not cause, proceedings within thirty days, and an innocent owner's defense
Controlled substances, equipment for making them, and vehicles used to transport or facilitate drug manufacturing or trafficking may be forfeited, as may money or valuables found close to drugs and used or intended for use in drug crimes.
Cash alone is not cause. Mere presence or possession of United States currency, without other indicia of criminal activity, is insufficient cause for seizure.
A vehicle is not forfeited if its owner shows that with reasonable diligence the owner could not have known it was being used that way. Proceedings after a seizure begin within thirty days, and an owner may file a verified answer and claim within twenty days after the notice.
A court may return property while the case is pending if it is reasonably necessary for the owner's work or personal use and security is posted, or if the seizure broke the section. A particular seizure is a question for a licensed Idaho attorney.
Sources for this section (1)
- Idaho Code § 37-2744 — Forfeitures
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.