IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. 18CV06969_____
NINE HUNDRED FIFTY FIVE DOLLARS
($ 955.00) in United States Currency
NOTICE OF PENDING FORFEITURE
NOTICE IS HEREBY GIVEN that the property herein described has been seized for forfeiture and is pending forfeiture to the Olathe Police Department pursuant to the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA), K.S.A. § 60-4101 et seq.
If you have not previously received a Notice of Seizure for Forfeiture, this is notice pursuant to the Act.
The date, place of seizure and description of the property affected by this notice is as follows:
Property Description Date and Place of Seizure
Nine Hundred Fifty Five Dollars April 23, 2018
($ 955.00) 14500 W. 151st Street
In United States Currency Olathe, Kansas 66062
The denomination of the currency is as follows
One (1) Fifty Dollar Bill ($ 50.00)
Forty-Five (45) Twenty-Dollar Bills ($ 900.00)
One (1) Five Dollar Bill ($ 5.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On April 23, 2018 Officer Kunze and Kibbee with the Olathe Police Department conducted an area check at Black Bob Park at approximately one a.m. for violations of Olathe Municipal Code including being on park property at times when it is not allowed. Inside the park, they noted a truck and two individuals on a swing near the truck. The individuals approached the officers and the driver identified himself. The driver indicated he had brought the passenger to the park in the truck and indicated a possessory interest in the truck. Officer Kibbee inquired about personal property inside the truck for officer safety, and indicated there was an odor of marijuana coming from inside the truck. At this time, the driver attempted to leave on foot but was escorted back to the location by Officers. He was found to be in possession of the keys to the truck and a search was conducted based on the odor coming from inside the truck. Inside the truck, Officers located a green duffel bag. The driver indicated it was his property. Inside the duffel bag, Officers located three individual bags containing marijuana weighing approximately twenty-nine grams, thirty grams and thirty grams respectively. Officers also located approximately four and one half grams of methamphetamine inside the duffel bag. In the center console, Officers’ located digital scale commonly used to measure narcotics for purchase and sale. Officers also located an open bag of marijuana in the center dash, which weighed approximately eight grams. Officers located a purse on the passenger side of the truck, which contained a glass pipe with methamphetamine residue. Officers also recovered the above currency from the driver’s wallet in several bundles. The first bundle consisted of Two Hundred Twenty Dollars, the second bundle consisted of One Hundred Eighty Dollars; the third bundle consisted of Two Hundred Dollars; the fourth bundle also contained Two Hundred Dollars and the fifth bundle contained One Hundred Fifty Five Dollars, for a total of Nine Hundred Fifty Dollars. For these reasons it is believed that the money recovered above is furnished or intended to be furnished by any person in an exchange that constitutes conduct giving rise to forfeiture or used or intended to be used in any manner to facilitate conduct giving rise to forfeiture or proceeds of any conduct giving rise to forfeiture and therefore subject to forfeiture under the Kansas Asset Seizure and Forfeiture statutes.
You are hereby notified that the Plaintiff’s Attorney has chosen to initially proceed with this matter administratively and is making stipulation of exemptions available for the property seized for forfeiture as described above.
You may do any of the following:
(1) File a verified petition for Request for Stipulation of Exemption with the Plaintiff’s Attorney, sending a copy to the Seizing Agency; or
(2) File a verified claim with the Plaintiff’s Attorney and the Seizing Agency; or
(3) Do nothing.
The law also provides for provisional return of the property under certain circumstances including the posting of a surety bond or a court hearing on whether probable cause existed when the property was seized. You may wish to consult with an attorney before deciding what is best for you. However, if no petition or claim is filed within thirty (30) days of personal service, publication, or mailing of this Notice, whichever is earlier, your interest in the property described above will be forfeited. All such requests, petitions and claims shall comply with the requirements for claims as set out in K.S.A. § 60-4111 of the Kansas Standard Asset Seizure and Forfeiture Act.
Dated this _19th_____ day of December, 2018.
/s/ Curt D. Hoover______________
Curt D. Hoover, # 14597
Assistant Municipal Prosecutor
1200 S. Harrison
P.O. Box 768
Olathe, Kansas 66051-0768
(913) 971-7766 facsimile
Contact Person for the seizing agency: Sergeant R. Henson
Olathe Police Department
501 E. 56 Highway