IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. _18CV06791_____
TWO HUNDRED TWENTY FIVE DOLLARS
And EIGHTEEN cents ($ 225.18) 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 Twenty Five Dollars February 6, 2016
And Fifteen cents ($ 225.18) 951 S. Parker
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
One (1) One Hundred Dollar Bill ($ 100.00)
One (1) Fifty Dollar Bill ($ 50.00)
Two (2) Twenty Dollar Bills ($ 40.00)
Two (2) Ten Dollar Bills ($ 20.00)
Two (2) Five-Dollar Bills ($ 10.00)
Four (4) One-Dollar Bills ($ 4.00)
One Dollar and Eighteen Cents in miscellaneous coins
The conduct giving rise to the forfeiture and/or violation of law alleged is:
February 6, 2016 Officers with the Olathe Police Department executed a Felony arrest warrant at the above location. Upon contacting the subject of the Warrant officers observed the individual place her right hand in a front pants pocket and remove a number of small blue plastic Ziploc type baggies, a glass pipe commonly used to smoke methamphetamine and a digital scale commonly used in the packaging of narcotics for sale and purchase. Upon close inspection of the area these were placed Officers recovered a white baggie containing methamphetamine which weighed approximately seven grams and the aforementioned blue baggies. Two of these baggies recovered contained methamphetamine with a weight of approximately two grams. Officers also located coveralls belonging to the defendant. Inside the coveralls, officers recovered an additional thirty-nine blue baggies similar to those recovered earlier. In the same area, Officers recovered ten green circular pills identified as diazepam as well as six yellow circular pills identified as clonazepam. These items were identified as controlled substances. Officers also recovered the above-described currency from the Defendant’s person.
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