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In re Property Seized for Forfeiture from Foley

Court of Appeals of Iowa

August 16, 2017

IN THE MATTER OF THE PROPERTY SEIZED FOR FORFEITURE FROM JESSY EARL FOLEY JESSY EARL FOLEY, Defendant-Appellant.

         Appeal from the Iowa District Court for Polk County, Odell G. McGhee, District Associate Judge.

         Jessy Foley appeals the district court's order forfeiting cash seized from his person after eluding law enforcement officers.

          Jessy Foley, Anamosa, pro se.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Potterfield and Mullins, JJ.

          MULLINS, Judge.

         Jessy Foley appeals the forfeiture of $513 in cash seized from his person after he eluded police officers. After officers seized the cash, Foley was provided notice of seizure for forfeiture. The State then filed an in rem forfeiture complaint. The complaint provided specific requirements for Foley's answer. In relevant part, the complaint states:

To contest this forfeiture, you must file an Answer with the Polk County Clerk of Court within twenty (20) days of the service of the In Rem Forfeiture Complaint. Failure to file an Answer within this time period extinguishes your right in this property. To preserve your interest in this property, your Answer must comply with Section 809A.13 of the Iowa Code [(2016)]. The Answer must be signed under penalty of perjury and must contain all of the following:
A. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint and the name of the claimant;
B. The address where the claimant will accept mail;
C. The nature and extent of the claimant's interest in the property;
D. The date, the identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property;
E. The specific provision of this chapter relied on in asserting that it is not ...

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