City of Lenexa v. A Maroon 1978 Chevrolet Caprice Classic

Lewis, J.:

This is an appeal from the order of the district court granting summary judgment to the City of Lenexa (City). The action, instituted by the City, sought the forfeiture of a 1978 Chevrolet Caprice automobile and $694.51 in United States currency. The owner of the property sought to be forfeited is Harold R. Witterstaetter, Jr.

Harold was arrested in August 1989 while driving the above-described automobile. The initial arrest was for driving with a suspended license. Unfortunately for Harold, the search incident to that arrest revealed that within the confines of the automobile was a…