IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18CV06970_____
SEVEN HUNDRED TWELVE DOLLARS
($ 712.00) 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
Seven Hundred Twelve Dollars September 9, 2018
($ 712.00) 1020 S. Harrison Street
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
One (1) Fifty Dollar Bill ($ 50.00)
Thirty (30) Twenty-Dollar Bills ($ 500.00)
Thirteen (13) Ten Dollar Bills ($ 130.00)
Three (3) Five-Dollar Bills ($ 15.00)
Seventeen (17) One-Dollar Bills ($ 17.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On September 9, 2018 Officer McKeirnan, a Police Officer with the Olathe Police Department conducted a traffic stop on a Honda Accord for exhibition of acceleration and a lane violation, in violation of Olathe Municipal Code. Upon contact with the driver, Officer McKeirnan noticed the odor of marijuana coming from inside the vehicle. Officer McKeirnan inquired and the driver responded that there indeed was marijuana inside a backpack in the back seat of the vehicle. A search of the vehicle revealed approximately ten small baggies in a drivers door that appeared to be unused and of the type used to package marijuana for sale. In the center console under the radio Officer McKiernan located approximately seven similar type baggies, but each of these contained a quantity of marijuana. Inside the center console was located a metal grinder commonly used to prepare marijuana for use. In the back seat, Officer McKeirnan located a scale commonly used to weigh marijuana for sale. Inside the black backpack Officer McKiernan located three regular sandwich size zip lock containers each containing marijuana. In addition, there were several smaller bags containing even smaller bags similar to the type found in the driver’s door. In the trunk, Officer McKiernan located hundreds of these smaller type bags. The marijuana in the backpack weighed approximately forty-five grams, the marijuana under the radio weighed approximately ten grams. Based on his training and experience Officer McKeirnan believed this contraband to be packaged for sale. The Driver was searched and an additional amount of marijuana was located along with the Seven Hundred Twelve Dollars in 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