IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
CITY OF OLATHE
Case No. 18 CV 06985____
TWO HUNDRED SEVENTEEN DOLLARS
($ 217.00) 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 Seventeen Dollars June 22, 2016
($ 217.00) 618 E. Santa Fe
In United States Currency Olathe, Kansas 66061
The denomination of the currency is as follows
Ten (10) Twenty Dollar Bills ($ 200.00)
One (1) Ten Dollar Bill ($ 10.00)
One (1) Five-Dollar Bill ($ 5.00)
Two (2) One-Dollar Bills ($ 2.00)
The conduct giving rise to the forfeiture and/or violation of law alleged is:
On June 22, 2016, Officer Cantrell, with the Olathe Police Department was dispatched to the above address regarding intoxicated individuals who were attempting to purchase food at a closed drive through fast food restaurant. Upon arrival, he located the individuals outside a 2006 Nissan Altima with a flat tire. While Officer Cantrell continued to inquire about the nature and extent of damage to the vehicle and reason for it being in the area he noted the odor of marijuana coming from inside the vehicle. A drug dog alerted to the presence of narcotics during an exterior sniff of the vehicle and a hand search of the vehicle revealed a blue backpack with a large glass jar containing marijuana a box of Ziploc bags, three pills labeled “Xanax 2”, a controlled substance, digital scales commonly used in the weighing and packaging of narcotics for sale and purchase as well as the aforementioned Two Hundred Seventeen Dollars. The marijuana in the glass jar weighed approximately 80 grams
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