IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 06988___
FOUR HUNDRED NINETY DOLLARS
($ 490.00) 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
Four Hundred Ninety Dollars June 10, 2017
($ 490.00) 14732 Wyandotte Drive
In United States Currency Olathe, Kansas 66062
The denomination of the currency is as follows
One (1) One Hundred Dollar Bill ($ 100.00)
Eighteen (18) Twenty Dollar Bills ($ 360.00)
Three (3) Ten Dollar Bill ($ 30.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On June 10, 2016, Officers with the Olathe Police Department executed a search warrant at 14732 Wyandotte Drive, Olathe, Johnson County, Kansas During the execution of the search warrant Officers located indicia of a marijuana grow operation including growing lights, soil and a dedicated grow area as well as marijuana plants. Officers also recovered a digital scale, commonly used in the packaging and purchasing of narcotics for distribution, five cellular telephones, a metal “grinder” commonly used in the ingestion of marijuana as well as marijuana in various locations throughout the house including two bags inside of a backpack that each weighed approximately 57 grams or approximately two ounces, which is a common weight for distribution of marijuana. Nearby Officers located another backpack that concealed a mason jar containing marijuana. This marijuana weighed approximately one ounce, which is also a common weight for marijuana distribution. Also recovered was further indicia of a grow operation including loose marijuana leaf clippings that weighed approximately 14 grams as well as a book on growing marijuana. During this search, officers also recovered the above 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