IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 06972___
ONE HUNDRED SEVENTY DOLLARS
($ 170.00) 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
One Hundred Seventy Dollars February 20, 2016
($ 170.00) NB I-35 and 119th Street
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Eight (8) Twenty Dollar Bills ($ 160.00)
One (1) Five Dollar Bill ($ 5.00)
Five (5) One Dollar Bills ($ 5.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
February 20, 2016 an officer with the Olathe Police Department stopped a white 2002 Chrysler Sebring for bearing an expired and altered tag as well as failing to maintain a single lane in violation of Olathe Municipal Code. Both driver and passenger denied knowledge of the expired vehicle tag. During the time officers were issuing a citation a K-9 officer arrived and conducted an exterior sniff utilizing his K-9 partner. The dog showed signs indicating contraband was inside the vehicle. A hand search was performed on the vehicle and Officers recovered four cellular telephones, a partially smoked marijuana cigarette located in the center console, on the passenger floorboard was located a plastic thermos containing a glass pipe with methamphetamine residue as well as a plastic baggie containing a smaller plastic baggie that weighed approximately 2 grams and contained methamphetamine. On the backseat floorboard officers recovered additional marijuana residue, sixteen unused plastic baggies, a partially used package of zig-zag rolling papers as well as a clear baggie containing a white powdery residue. The passenger was arrested on an outstanding warrant and the driver was arrested based on the above. A search of his person subsequent to arrest revealed the above currency in his sock
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