IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 7041_____
ONE HUNDRED FIFTY ONE DOLLARS
And ONE CENT ($ 151.01) AND
ONE 1998 GOLD LINCOLN TOWNCAR
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 Fifty One Dollars August 22, 2018
($ 151.01) 512 North Stevenson
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Six (6) Twenty Dollar Bills ($ 120.00)
Two (2) Ten Dollar Bills ($ 20.00)
One (1) Five Dollar Bill ($ 5.00)
Six (6) One Dollar Bills ($ 6.00)
And ONE CENT ($ 0.01)
The conduct-giving rise to the forfeiture and/or violation of law alleged is:
On August 22, 2018, Officer Mills with the Olathe Police Department was on routine patrol in the area of 1234 E Santa Fe Street, Olathe, Johnson County, Kansas. At that location, he noticed the above-described vehicle and ran the registration. Dispatch advised there was a Felony warrant associated with the registration and a description of the individual with the warrant. He noted an individual matching that description enter the passenger compartment of the vehicle. As the vehicle left the parking lot, it made a wide turn onto Santa Fe Street in violation of Olathe Municipal Code. Officer Mills stopped the vehicle and obtained identifying information for the driver and passenger. While confirming the warrant for the passenger Officer Mills had the occupants exit the vehicle so he could conduct an exterior sniff of the vehicle with his K9 partner. His K9 indicated the presence of narcotics inside the vehicle. The warrant was confirmed and the passenger was arrested. A search of the vehicle revealed among other items three bags of marijuana weighing approximately four grams, thirteen grams and four grams respectively. Seven bags of methamphetamine were recovered weighing approximately five grams, four grams, two grams, one gram, seven grams, nine grams and a half a gram. Also found was a bag containing 9 small bags of methamphetamine with a total weight of approximately seven grams. There were also a number of unidentified pills recovered as well as rolling papers, a marijuana pipe, a spoon, a spoon with residue consistent with methamphetamine, another bag of methamphetamine weighing approximately 11 grams as well as numerous empty plastic bags and a digital scale consistent with the weighing and packaging of controlled substance for purchase and sale. Multiple cellular telephones were recovered. A search of the driver revealed three bags of methamphetamine weighing approximately twenty-two grams, thirty-four grams and one hundred eighteen grams respectively. Also recovered from the vehicle was the aforementioned United States Currency. The driver admitted to purchasing four ounces of methamphetamine for One Thousand Five Hundred Dollars in Kansas City, Kansas.
For these reasons it is believed that the aforementioned automobile and money recovered were 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 _21st__ 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