State v. $6,618.00 U.S. Currency

Knudson, J.:

This forfeiture action was commenced under the Kansas Standard Asset Seizure and Forfeiture Act (K.S.A. 60-4101 *55et seq.). Ahmed Mohamed-Abdulla-Omar Al-Haj (hereafter “Al-Haj”) appeals the district court’s order forfeiting a 1998 Chevrolet Tahoe and $4,453. Two issues are presented: (1) Is compliance with K.S.A. 60-4111(b) directory or mandatory; and (2) must there be a probable cause finding to support forfeiture under K.S.A. GO-4116 regardless of whether a proper claim has been filed?

We conclude the provisions of K.S.A. 60-4111(b) are mandatory and Al-Haj failed to file a proper…