IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. 18 CV 7033______
ONE THOUSAND FIVE HUNDRED SIXTY NINE
DOLLARS and FIFTY-SEVEN 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 Five Hundred Sixty
Nine Dollars and Fifty-Seven cents June 24, 2018
($ 1,569.57) 1051 W. Dennis
in United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Six (6) One Hundred Dollar Bill ($ 600.00)
Two (2) Fifty Dollar Bills ($ 100.00)
Forty-three (43) Twenty Dollar Bills ($ 860.00)
One (1) Five Dollar Bill ($ 5.00)
Four (4) One Dollar Bills ($ 4.00)
Fifty-Seven cents in miscellaneous U.S. coins
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On June 24, 2018, an Officer with the Olathe Police Department was on routine patrol in the area of Dennis and Parker streets where an individual in a parking lot flagged him down. The Officer learned that a suspected stolen truck was parked in this business parking lot, and was occupied. The Officer called for backup units to respond. An individual exited the store and proceeded towards the parked truck and Olathe Police contacted him. The original Officer had contact with two juveniles remaining inside the running truck and had them exit the truck at which time he noted the ignition was punched out. The truck was confirmed stolen and the driver was arrested. A search of his person revealed a large quantity of methamphetamine as well as One Thousand Five Hundred Sixty-Nine Dollars and Fifty-Seven cents. A search of the truck revealed a handgun, multiple rounds of ammunition, a glass pipe commonly used to smoke methamphetamine, additional methamphetamine and a digital scale commonly used to weigh and measure narcotics for purchase and sale. Additionally pills identified as controlled substances were located inside the vehicle for which the driver was unable to produce a prescription. Collectively officers recovered approximately One Hundred Thirty Five grams of methamphetamine from the driver’s person and vehicle. The driver subsequently admitted to possessing the methamphetamine to distribute.
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 _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