IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18CV006987___
FOUR HUNDRED SIXTY ONE DOLLARS
($ 461.00) 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 Sixty One Dollars June 7, 2013
($ 461.00) 123rd Street and 123rd Circle
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Two (2) One Hundred Dollar Bills ($ 200.00)
Ten (10) Twenty Dollar Bills ($ 200.00)
Three (3) Ten Dollar Bills ($ 30.00)
Four (4) Five Dollar Bills ($ 20.00)
Eleven (11) One Dollar Bills ($ 11.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On June 7, 2013 Officer McKeirnan, a Police Officer with the Olathe Police Department conducted a traffic stop on a 1996 Buick Skylark for failing to have a properly functioning license plate light in violation of Olathe Municipal Code. Upon contact with the driver, Officer McKeirnan noticed the driver appeared to be nervous. Officer McKeirnan inquired about the drivers keys after noticing a metal cylinder on the key ring. The driver consented to a search of this container and inside Officer McKeirnan located approximately one half gram of methamphetamine. A subsequent search of the vehicle revealed a total of seven cellular telephones including one being used by the driver upon initial contact. That phone contained messages implicating the driver in the purchase and or sale of narcotics. Also inside the vehicle on the passenger seat Officer McKeirnan located a blue container commonly referred to as a “fanny pack”. Inside this were two of the cell phones, a glass pipe with methamphetamine residue, an electronic scale commonly used in the purchase and sale of narcotics as well as a metal tin containing approximately four and one half grams of methamphetamine. A search of the drivers’ wallet revealed the above 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