When Police Seize Property

Property may be forfeited over the conduct the act covers, which includes most drug crimes, theft, gambling and counterfeiting, whether or not anyone is prosecuted or convicted.

• §K.S.A. 60-4104StatuteCovered offenses and conduct giving rise to forfeitureOpens kslegislature.gov ↗

Property subject to forfeiture includes cash and land furnished in an exchange the act covers or used to facilitate it, the proceeds and what was bought with them, and weapons available to facilitate it.

• §K.S.A. 60-4105StatuteProperty subject to forfeitureOpens kslegislature.gov ↗

• An officer may seize property without process on probable cause that it is subject to forfeiture.
• The seizing agency makes a reasonable effort to notify the person it was taken from within 30 days of seizing it.
• Within 14 days the agency sends the county or district attorney a written request for forfeiture, and the attorney accepts or declines it within 14 days.
• If no state agency adopts the forfeiture and no attorney is engaged in the time allowed, the property is returned within 30 days.

• §K.S.A. 60-4107StatuteSeizure of property; notice; limitations on liability; requests for forfeiture; time limitations; federal adoption of seizure, when; limitations; settlements; waiver of rights prohibitedOpens kslegislature.gov ↗