{"data":{"id":"us-id/idaho-code-37-2804","jurisdiction":"us-id","citation":"Idaho Code § 37-2804","heading":"Forfeiture request — Rebuttable presumption.","body":"Property subject to criminal forfeiture under this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 37-2801, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.\nThere is a rebuttable presumption that any property of a person subject to the provisions of section 37-2801, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:\n(1) The property was acquired by a person during the period of the violation of chapter 27, title 37, Idaho Code, or within a reasonable time after such violation; and\n(2) There was no likely source for such property other than the violation of chapter 27, title 37, Idaho Code.","path":["TITLE 37 FOOD, DRUGS, AND OIL","CHAPTER 28 CRIMINAL FORFEITURES"],"source_url":"https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch28/sect37-2804/","current_through":"2026 Legislative Session","vintage":"","retrieved_at":"2026-09-04T11:19:48Z","sha256":"103b8376870c31da464991cd7642fa88cda10d0f36a32fc65f4cfa92c416eba3","source_id":"us-id","stale":false,"prev":"us-id/idaho-code-37-2803","next":"us-id/idaho-code-37-2805"},"notice":"GroundRules: Original legal text. Not legal advice."}