IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 06999___
Division _______ 4________
ONE THOUSAND FOUR HUNDRED SIX DOLLARS
And FIFTY cents 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
One Thousand Four Hundred Six Dollars
And Fifty cents January 26, 2015
($ 1,406.50) 1200 S. Harrison
In United States Currency Olathe, Kansas 66062
The denomination of the currency is as follows
One (1) One Hundred Dollar Bill ($ 100.00)
Two (2) Fifty Dollar Bills ($ 100.00)
Fifty Nine (59) Twenty Dollar Bills ($ 1,180.00)
Two (2) Ten Dollar Bill ($ 20.00)
One (1) Five Dollar Bill ($ 5.00)
One (1) One Dollar Bill ($ 1.00)
Fifty Cents Miscellaneous coins ($ 0.50)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On January 26, 2015 an officer with the Olathe Police Department was in the area of Sheridan and Harrison when he noticed a Maroon Chevrolet Tracker exit private property without coming to a complete stop in violation of Olathe Municipal Code. While turning around the Officer noted the vehicle enter a business at Dennis and Harrison and again exit private property without coming to a complete stop. The Officer stopped the vehicle. Upon contact with the driver an odor of marijuana was present. Backup was called and a search of the vehicle revealed a backpack that contained a film canister holding marijuana as well as a mason jar that contained a bag of marijuana. Further search revealed another mason jar containing marijuana in the glove compartment. Upon inquiry the driver admitted to being involved in narcotics sales. The above described currency was located in the driver’s pants pocket.
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