IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18 CV 07000___
TWO HUNDRED FIFTY DOLLARS
($ 250.00) 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
Two Hundred Fifty Dollars January 24, 2018
($ 250.00) 127th and Murlen
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Twelve (12) Twenty Dollar Bills ($ 240.00)
One (1) Ten Dollar Bills ($ 10.00)
The conduct-giving rise to the forfeiture and/or violation of law alleged is:
On January 24, 2018, Officers with the Olathe Police Department conducted a traffic stop on a 2004 Acura TL for failure to use a turn signal in violation of Olathe Municipal Code. Officers noted an odor of marijuana coming from the vehicle and had the driver and passenger exit in order to conduct a search. During the search, the driver ran from the scene, but was apprehended and returned. A search of the vehicle revealed marijuana residue on the driver’s floorboard, a sandwich size bag of marijuana on the passenger seat, scales commonly used in the packaging and weighing of marijuana and other narcotics for purchase and sale was located in the glove compartment. In the trunk, Officers located a large air-sealed bag of marijuana that contained a large and smaller bag of marijuana. The large bag weighed approximately 37 grams and the smaller bag weighed approximately 3 grams. The bag of marijuana recovered from the passenger seat weighed approximately 27 grams. The passenger was also found to be in possession of a baggie of marijuana that weighed approximately 4 grams.
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