IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 06989___
TWO HUNDRED SIXTY-FIVE DOLLARS
Cents in United States Currency
AND ONE MOSSBURG PUMP ACTION SHOTGUN
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
Two Hundred Sixty Five Dollars September 18, 2018
($ 265.00) 135th and Blackbob Road
In United States Currency Olathe, Kansas 66061
And One Mossberg Pump Action Shotgun
The denomination of the currency is as follows
Thirteen (13) Twenty Dollar Bills ($ 260.00)
Five (5) One Dollar Bills ($ 5.00)
The conduct-giving rise to the forfeiture and/or violation of law alleged is:
On September 8, 2018, Officer Smith with the Olathe Police Department was on routine patrol in the area of Santa Fe and Blackbob Road, Olathe, Johnson County, Kansas. At that location, he observed a transport van conduct a U-turn. The intersection is posted as a no U-turn intersection. Officer Smith stopped the vehicle based on this observation. The vehicle stopped and the driver exited. The driver insisted on having contact outside the van. Officer Smith noted the overwhelming odor of perfume, but also noted the odor of marijuana coming from inside the van. Officer Smith contacted a K-9 officer during the course of his investigation so an exterior sniff of the vehicle could be performed. Once on scene, the dog alerted to the presence of narcotics inside the vehicle. A search of the van revealed in excess of thirty containers of marijuana weighing approximately four hundred sixty six grams, as well as paraphernalia and pills identified as controlled substances for which the driver and sole occupant was unable to provide a prescription. Also located inside the van was the above described currency and shotgun.
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