Which party bears the burden of proof in a forfeiture proceeding?

• A. State
• B. Property owner
• C. Court
• D. Peace officer

Answer: (A)

In forfeiture actions, the state is the party bringing the claim against the property, so it must prove its case. The government bears the burden of proof, typically by a preponderance of the evidence, to show that the property is subject to forfeiture under the applicable law. The property owner isn’t required to prove innocence first; instead, they may present defenses and evidence to challenge the government’s claims or establish legitimate ownership. The court’s role is to decide whether the government’s evidence meets the required standard, not to assume the burden itself. A peace officer isn’t the party carrying the burden; their role is investigative and enforcement.