IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18CV06995_____
NINE HUNDRED NINETY-FIVE DOLLARS
And THIRTY-NINE 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
Nine Hundred Ninety Five Dollars September 17, 2017
And Thirty Nine Cents ($ 995.39) 526 E. Park Street
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Nine (9) One Hundred Dollar Bill ($ 900.00)
Four (4) Twenty Dollar Bills ($ 80.00)
Three (3) Five Dollar Bills ($ 15.00)
Thirty-Nine Cents Coins ($ 0.39)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On September 17, 2017, Officer Osen with the Olathe Police Department was attempting to execute an arrest warrant on an individual. The warrant was issued for narcotics sales. Officer Osen had information the individual had been in the area of 526 E. Park Street and he located that individual at that location. Upon initial contact the individual fled carrying some items and a foot pursuit ensued. The individual was apprehended a short distance later and an area search in the apprehension area revealed a green zip up sweatshirt with several small baggies inside a pocket. The sweatshirt also contained a digital scale which is commonly used in the measurement and packaging of narcotics for sale. A short distance away was located a clear plastic bag containing approximately twenty two grams of methamphetamine. The individual and subject of the arrest warrant was booked and found to possess the above described 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