Iowa Code
Iowa Code § 809A.3 (2026)
Conduct giving rise to forfeiture
✓ current as of July 2026
Find cases:
SyfertCases citing this section
IA-LEGlegis.iowa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
1. The following conduct may give rise to forfeiture:
a. An act or omission which is a public offense and which is a serious or aggravated misdemeanor or felony.
b. An act or omission occurring outside of this state, that would be punishable by confinement of one year or more in the place of occurrence and would be a serious or aggravated misdemeanor or felony if the act or omission occurred in this state.
c. An act or omission committed in furtherance of any act or omission described in paragraph “a”, which is a serious or aggravated misdemeanor or felony, including any inchoate or preparatory offense.
2. Notwithstanding subsection 1, violations of chapter 321 or 321J shall not be considered conduct giving rise to forfeiture, except for violations of the following:
a. Section 321.232.
b. Section 321J.4B, subsection 6, 9, or 10. 96 Acts, ch 1133, §3; 97 Acts, ch 177, §29; 2007 Acts, ch 38, §11; 2010 Acts, ch 1069, §146; 2013 Acts, ch 30, §171; 2019 Acts, ch 59, §230 \n
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1989–2024 · leading case: In the Matter of Prop. Seized From Robert Pardee, Robert Pardee, 872 N.W.2d 384 (Iowa 2015).
In the Matter of Prop. Seized From Robert Pardee, Robert Pardee, 872 N.W.2d 384 (Iowa 2015). “See Iowa Code §§ 809A.3(2), .4(3). Pardee appealed the forfeiture decree, arguing his motion to suppress should have been granted.”
In Re Prop. Seized From Terrell, 639 N.W.2d 18 (Iowa 2002). “Under Iowa Code section 809A.3, *20 [t]he following conduct may give rise to forfeiture: 1.”
In The Matter Of Prop. Seized From Bo (Brian) Li, Na Tian, & Wei Tian, 911 N.W.2d 423 (Iowa 2018). “" Iowa Code § 809A.3(1)( a ). The State has "the initial burden of proving the property is subject to forfeiture by a preponderance of the evidence.”
State v. Ludtke, 446 N.W.2d 797 (Iowa 1989). “201, § 22); Iowa Code § 809A.3 (Supp.1985) (repealed, 1986 Iowa Acts ch.”
Flora v. Sw. Iowa Narcotics Enf't Task Force, 292 F. Supp. 3d 875 (S.D. Iowa 2018). “" Iowa Code § 809A.3(1)(a). Defendants argue that, as with Flora's false arrest claim, a reasonable officer with training and experience in drug interdiction would have concluded that Flora's cash related to drug trafficking, and thus, Miller's seizure was supported by probable…”
City of Eagle Grove v. Cahalan Investments, LLC, 904 N.W.2d 552 (Iowa 2017). “3G) (currently § 809A.3(l)(a)) (providing “[a]n act or omission which is a public offense and which is a serious or aggravated misdemeanor or felony” may give rise to a forfeiture).”
Matter of Prop. Seized From Chiodo, 555 N.W.2d 412 (Iowa 1996). “” Iowa Code § 809A.3(1) (emphasis added). Thus, after July 1, 1996, conduct punishable as a simple misdemeanor does not trigger the forfeiture provisions of Iowa Code ch.”
In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). “In this appeal, Watt disputes the district court’s finding of sufficient evidence of conduct giving rise to forfeiture under section 809A.3. Watt claims the evidence supports only speculation as to his involvement in drug trafficking.”
In the Matter of the Prop. Seized for Forfeiture From Samantha Thao & Karen Thao, Samantha Thao & Karen Thao (Iowa Ct. App. 2016). “Rather, our error-preservation rules require that issues be presented to and passed upon by the district court before they can be raised and decided on 1 The general assembly made nonsubstantive, technical amendments to Iowa Code section 809A.3 during its 2013 legislative…”
MacKenzie Rumsey & Bela Animal Legal Def. & Rescue v. City of Des Moines, Iowa (Iowa Ct. App. 2016). “Section 809A.3 states that conduct giving rise to forfeiture is an act or omission which is a public offense and which is a serious or aggravated misdemeanor.”
In the Matter of Prop. Seized for Forfeiture From Charles Clark D/B/A Day Dreams Charles Clark (Iowa Ct. App. 2014). “The Iowa statute indicates that property which is forfeitable outside of this state would be forfeitable in Iowa if the punishment is for more than one year and would be at 5 least a serious misdemeanor under Iowa Code section 809A.3(1)(b). Possession of drug paraphernalia is a…”
Amended February 23, 2016 In the Matter of Prop. Seized From Robert Pardee, Robert Pardee (Iowa 2015). “See Iowa Code §§ 809A.3(2), .4(3). Pardee appealed the forfeiture decree, arguing his motion to suppress should have been granted.”
— Iowa Code § 809A.3(1) — 6 cases
In The Matter Of Prop. Seized From Bo (Brian) Li, Na Tian, & Wei Tian, 911 N.W.2d 423 (Iowa 2018). “" Iowa Code § 809A.3(1)( a ). The State has "the initial burden of proving the property is subject to forfeiture by a preponderance of the evidence.”
In Re Prop. Seized From Terrell, 639 N.W.2d 18 (Iowa 2002). “Under Iowa Code section 809A.3, *20 [t]he following conduct may give rise to forfeiture: 1.”
Matter of Prop. Seized From Chiodo, 555 N.W.2d 412 (Iowa 1996). “” Iowa Code § 809A.3(1) (emphasis added). Thus, after July 1, 1996, conduct punishable as a simple misdemeanor does not trigger the forfeiture provisions of Iowa Code ch.”
State v. Ludtke, 446 N.W.2d 797 (Iowa 1989). “201, § 22); Iowa Code § 809A.3 (Supp.1985) (repealed, 1986 Iowa Acts ch.”
In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). “In this appeal, Watt disputes the district court’s finding of sufficient evidence of conduct giving rise to forfeiture under section 809A.3. Watt claims the evidence supports only speculation as to his involvement in drug trafficking.”
— Iowa Code § 809A.3(1)(a) — 4 cases
Flora v. Sw. Iowa Narcotics Enf't Task Force, 292 F. Supp. 3d 875 (S.D. Iowa 2018). “" Iowa Code § 809A.3(1)(a). Defendants argue that, as with Flora's false arrest claim, a reasonable officer with training and experience in drug interdiction would have concluded that Flora's cash related to drug trafficking, and thus, Miller's seizure was supported by probable…”
In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). “In this appeal, Watt disputes the district court’s finding of sufficient evidence of conduct giving rise to forfeiture under section 809A.3. Watt claims the evidence supports only speculation as to his involvement in drug trafficking.”
In the Matter of the Prop. Seized for Forfeiture From Samantha Thao & Karen Thao, Samantha Thao & Karen Thao (Iowa Ct. App. 2016). “Rather, our error-preservation rules require that issues be presented to and passed upon by the district court before they can be raised and decided on 1 The general assembly made nonsubstantive, technical amendments to Iowa Code section 809A.3 during its 2013 legislative…”
In the Matter of Prop. Seized for Forfeiture from Darrell Anthony Jones (Iowa Ct. App. 2024).
— Iowa Code § 809A.3(1)(b) — 2 cases
In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). “In this appeal, Watt disputes the district court’s finding of sufficient evidence of conduct giving rise to forfeiture under section 809A.3. Watt claims the evidence supports only speculation as to his involvement in drug trafficking.”
In the Matter of Prop. Seized for Forfeiture From Charles Clark D/B/A Day Dreams Charles Clark (Iowa Ct. App. 2014). “The Iowa statute indicates that property which is forfeitable outside of this state would be forfeitable in Iowa if the punishment is for more than one year and would be at 5 least a serious misdemeanor under Iowa Code section 809A.3(1)(b). Possession of drug paraphernalia is a…”
— Iowa Code § 809A.3(2) — 3 cases
In the Matter of Prop. Seized From Robert Pardee, Robert Pardee, 872 N.W.2d 384 (Iowa 2015). “See Iowa Code §§ 809A.3(2), .4(3). Pardee appealed the forfeiture decree, arguing his motion to suppress should have been granted.”
In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). “In this appeal, Watt disputes the district court’s finding of sufficient evidence of conduct giving rise to forfeiture under section 809A.3. Watt claims the evidence supports only speculation as to his involvement in drug trafficking.”
Amended February 23, 2016 In the Matter of Prop. Seized From Robert Pardee, Robert Pardee (Iowa 2015). “See Iowa Code §§ 809A.3(2), .4(3). Pardee appealed the forfeiture decree, arguing his motion to suppress should have been granted.”
— Iowa Code § 809A.3(l)(a) — 1 case
City of Eagle Grove v. Cahalan Investments, LLC, 904 N.W.2d 552 (Iowa 2017). “3G) (currently § 809A.3(l)(a)) (providing “[a]n act or omission which is a public offense and which is a serious or aggravated misdemeanor or felony” may give rise to a forfeiture).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.