IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 06996___
ONE THOUSAND DOLLARS
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 Dollars November 3, 2017
($ 1,000.00) 512 North Stevenson
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Five (5) One Hundred Dollar Bill ($ 500.00)
Eight (8) Fifty Dollar Bills ($ 400.00)
Five (5) Twenty Dollar Bills ($ 100.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On November 3, 2017, Officers with the Olathe Police Department executed a search warrant at 512 North Stevenson, Olathe, Johnson County, Kansas. During the execution of the search warrant, Officers noted items of paraphernalia, loose marijuana, firearms and an overwhelming odor of burnt marijuana throughout the residence. In one bedroom alone Officers located a backpack containing a small clear plastic bag containing 57.4 grams of marijuana, a large quantity of unused clear plastic baggies a clear plastic baggie containing 24 halves of a tablet and 5 whole tablets later determined to be alprazolam, a controlled substance. A large black container was also located inside this backpack, which contained three clear plastic zip lock bags containing marijuana. These bags each weighed in excess of One Hundred Fourteen grams, Also located in this bedroom were numerous handguns, a digital scale commonly used for weighing marijuana for packaging and sale of narcotics as well as the aforementioned United States currency.
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