60-4107. Seizure of property.
60-4107
60-4107. Seizure of property.(a) Property may be seized for forfeiture by a law enforcement officer uponprocess issued by the district court. The court may issue a seizure warrant onan affidavit under oath demonstrating that probable cause exists for theproperty's forfeiture or that the property has been the subject of a previousfinal judgment of forfeiture in the courts of any state or of the UnitedStates. The court may order that the property be seized on such terms andconditions as are reasonable in the discretion of the court. The order may bemade on or in connection with a search warrant.All real property is to be seized constructively or pursuant to a preseizureadversarial judicial determination of probable cause, except that thisdetermination may be done ex parte when the attorney for the state hasdemonstrated exigent circumstances to the court.
(b) Property may be seized for forfeiture by a law enforcement officerwithout process on probable cause to believe the property is subject toforfeiture under this act.
(c) Property may be seized constructively by:
(1) Posting notice of seizure for forfeiture or notice of pending forfeitureon the property.
(2) Giving notice pursuant to K.S.A. 60-4109, and amendments thereto.
(3) Filing or recording in the public records relating to that type ofproperty notice of seizure for forfeiture, notice of pending forfeiture, aforfeiture lien or a lis pendens. Filings or recordings madepursuant to this act are not subject to a filing fee or other charge.
(d) The seizing agency shall make reasonable effort to provide notice of theseizure to the person from whose possession or control the property was seizedand any interest holder of record within 30 days of seizing the property. If noperson is in possession or control, the seizing agency may attach the notice tothe property or to the place of the property's seizure or may make a reasonableeffort to deliver the notice to the owner of the property. The notice shallcontain a general description of the property seized, the date and place ofseizure, the name of the seizing agency and the address and telephone number ofthe seizing officer or other person or agency from whom information about theseizure may be obtained.
(e) A person who acts in good faith and in a reasonable manner to comply withan order of the court or a request of a law enforcement officer is not liableto any person on account of acts done in reasonable compliance with the orderor request. No liability may attach from the fact that a person declines a lawenforcement officer's request to deliver property.
(f) A possessory lien of a person from whose possession property is seized isnot affected by the seizure.
(g) When property is seized for forfeiture under this act, the seizing agencyshall, within 45 days of such seizure, forward to the county or districtattorney in whose jurisdiction the seizure occurred, a written request forforfeiture which shall include a statement of facts and circumstances of theseizure, the estimated value of the property, the owner and lienholder of theproperty, the amount of any lien, and a summary of the facts relied on forforfeiture.
(h) Upon receipt of a written request for forfeiture from a local lawenforcement agency, the county or district attorney shall have 15 days toaccept the request. Should such county or district attorney decline suchrequest, or fail to answer, the seizing agency may:
(1) Request a state law enforcement agency which enforces this act to adoptthe forfeiture; or
(2) engage an attorney, approved by the county or district attorney, torepresent the agency in the forfeiture proceeding.
(i) Upon receipt of a written request for forfeiture from a state lawenforcement agency, the county or district attorney shall have 15 days toaccept the request. Should such county or district attorney decline suchrequest, or fail to answer, the seizing agency may engage an assistant attorneygeneral or other attorney approved by the attorney general's office torepresent the agency in the forfeiture proceeding.
(j) Nothing in this act shall prevent the attorney general, an employee ofthe attorney general or an authorized representative of the attorney generalfrom conducting forfeiture proceedings under this act.
(k) Nothing in this act shall prevent a seizing agency from requestingfederal adoption of a seizure. It shall not be necessary to obtain any orderpursuant to K.S.A. 22-2512, and amendments thereto, to release any seizedproperty to a federal agency should the county or district attorney approve ofsuch transfer.
(l) Nothing in this act shall prevent a seizing agency, orthe plaintiff's attorney on behalf of the seizing agency, from settling anyalleged forfeiture claim against property before or during forfeitureproceedings. Such settlement shall be in writing and shall be approved, if alocal agency, by the county or district attorney or, if a state agency, by theattorney general's office and a district court judge. No hearing or otherproceeding shall be necessary. The records of settlements occurring prior tocommencement of judicial forfeiture proceedings in the district court shall beretained by the county or district attorney for not less than five years.
(m) Settlements under this act shall not be conditionedupon any disposition of criminal charges.
History: L. 1994, ch. 339, § 7;L. 2004, ch. 12, § 1;L. 2006, ch. 183, § 9; July 1.