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E-FILED 2013 OCT 27 5:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM ADDRESS 2109 320TH STREET, LAKE VIEW, IOWA 51450

IN REM FORFEITURE COMPLAINT

1. Owner(s) and person(s) in possession or control of the property are as follows: a. Owner(s): Valerie Kuhlers and / or Rodney Kuhlers b. Seizing Agency: Sac County Sheriffs Office (SCSO) 2. Persons who may have interest in the property are the owners listed above. 3. On or around June 28, 2013, pursuant to a search warrant, the State seized the following property from the residence at 2109 320TH Street, Lake View, Iowa 51450, which it now seeks to forfeit (collectively, property or firearms): a. Squires Bingham .22 Cal Rifle Model No. 20 Serial No. 23973936 Attachment / Accessory: Case b. Steven .22 Cal Rifle Model No. 62 Serial No. 0576559 Attachment / Accessory: Case c. 12-Ga Shotgun Barrel Make / Model: Unknown Attachment / Accessory: Case d. Mossberg 12-Ga Shotgun Barrel Attachment / Accessory: None e. Winchester Rifle 3-06 Cal Model: 670a Serial No. G167405 Attachment / Accessory: Scope; Case f. Savage Rifle .243 Cal Model: Edge Serial No. H155956 Attachment / Accessory: Scope No. Dwc39x40n; Case g. Mossberg 12-Ga Shotgun Model: 500a Serial No. P76110 Attachment / Accessory: None h. Coast To Coast 12-Ga Shotgun Model: Master Mag Serial No. H0304388 Attachment / Accessory: Case i. Sears Roebuck Co 12-Ga Shotgun Model No: 20 Serial No. 583.2006 Attachment / Accessory: Case

E-FILED 2013 OCT 27 5:45 PM SAC - CLERK OF DISTRICT COURT

j.

Ruger Rifle 308 Cal Model: M77 Mark Ii Serial No. 785-98424 Attachment / Accessory: Case; Scope 73-39483-9x40

k. Luger Tech-9 9mm Model No. Ab-10 Serial No. A063029 Attachment / Accessory: Magazine; Ammunition l. Conn Valley Arms .50 Cal Rifle Model No. Kodiac Pro Mag Serial No. 13-032581-05 - Attachment / Accessory: Case m. Conn Valley Arms .50 Cal Rifle Model No. Kodiac Pro Mag Serial No. 61-13-219675-04 - Attachment / Accessory: Case 4. Also seized pursuant to the search warrant was a scale and 30 assorted baggies of white crystal-like substances from a jewelry box on the dresser in Rodney and Valerie Kuhlers bedroom. 5. The DCI Crime Lab determined the crystal-like substances consisted of more than five (5) grams of methamphetamine. 6. Rodney and Valerie Kuhlers admitted to law enforcement that the aforementioned baggies contained methamphetamine and belonged to them (Rodney and Valerie Kuhlers) 7. The firearms were seized from the Kuhlers residence from under the bed that was in located in the Kuhlers bedroom, which was in close proximity to the baggies of methamphetamine. 8. The property is subject to forfeiture because it is property that as used or intended to be used to facilitate conduct giving rise to forfeiture; specifically, the property / firearms were used as follows: as items of commerce in a guns-fordrugs exchange; as passive protection for a narcotics stash; and to embolden owners during and in relation to drug trafficking. IOWA CODE 809A.4(4) (2013) 9. The allegations and information contained in the filings in the following Sac County District Court criminal cases are incorporated herein by reference as though fully set forth herein: Iowa v. Valerie Kuhlers (FECR012390) and Iowa v. Rodney Kuhlers (FECR012389). 10. The State of Iowa relies on each and every ground for forfeiture contained in Iowa Code Chapter 809A. 11. Failure to file an answer to this complaint within 20 days after service and in accordance with Iowa Code Section 809A.13, will result in an Application for Order of Forfeiture pursuant to Iowa Code Section 809A.16(3). See additional provisions of Iowa Code Section 809A.13 in the attached NOTICE.

E-FILED 2013 OCT 27 5:45 PM SAC - CLERK OF DISTRICT COURT

WHEREFORE, the State asks that the property be forfeited pursuant to the provisions of Chapter 809A of the Iowa Code.

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 OCT 27 5:45 PM SAC - CLERK OF DISTRICT COURT

NOTICE 1. Only an owner of or an interest holder in the property who has timely filed a proper claim pursuant to section 809A.11 may file an answer in an action in rem. For the purposes of this section, an owner of or interest holder in property who has filed a claim and answer shall be referred to as a claimant. 2. The answer shall be signed by the owner or interest holder under penalty of perjury and shall be in accordance with rule of civil procedure 1.405 and shall also set forth 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 subject to forfeiture. f. All essential facts supporting each assertion. g. The specific relief sought. 3. The answer shall be filed within twenty days after service on the claimant of the civil in rem complaint. 4. The rules of civil procedure shall apply to discovery by the state and any claimant who has timely answered the complaint. 5. The forfeiture hearing shall be held without a jury and within sixty days after service of the complaint unless continued for good cause. The prosecuting attorney shall have the initial burden of proving the property is subject to forfeiture by a preponderance of the evidence. If the state so proves the property is subject to forfeiture, the claimant has the burden of proving that the claimant has an interest in the property which is exempt from forfeiture under this chapter by a preponderance of the evidence. 6. The Court shall order the interest in the property returned or conveyed to the claimant if the prosecuting attorney fails to meet the state's burden or the claimant establishes by a preponderance of the evidence that the claimant has an interest that is exempt from forfeiture. The court shall order all other property forfeited to the state and conduct further proceedings pursuant to sections 809A.16 and 809A.17. FAILURE TO RESPOND OR ACT ACCORDINGLY MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU

E-FILED 2013 OCT 27 5:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM ADDRESS 2109 320TH STREET, LAKE VIEW, IOWA 51450 Date of Seizure: JUNE 28, 2013 Time of Seizure: 21:24 (approximately) Location: 2109 320TH STREET, LAKE VIEW, IOWA 51450 To: VALERIE AND RODNEY KUHLERS AS OWNERS OF PROPERTY SEIZED FOR FORFEITURE At the date, time and location set forth above, the following items were seized as evidence relevant to a criminal prosecution. a. Squires Bingham .22 Cal Rifle Model No. 20 Serial No. 23973936 Attachment / Accessory: Case b. Steven .22 Cal Rifle Model No. 62 Serial No. 0576559 Attachment / Accessory: Case c. 12-Ga Shotgun Barrel Make / Model: Unknown Attachment / Accessory: Case d. Mossberg 12-Ga Shotgun Barrel Attachment / Accessory: None e. Winchester Rifle 3-06 Cal Model: 670a Serial No. G167405 Attachment / Accessory: Scope; Case f. Savage Rifle .243 Cal Model: Edge Serial No. H155956 Attachment / Accessory: Scope No. Dwc39x40n; Case g. Mossberg 12-Ga Shotgun Model: 500a Serial No. P76110 Attachment / Accessory: None h. Coast To Coast 12-Ga Shotgun Model: Master Mag Serial No. H0304388 Attachment / Accessory: Case i. Sears Roebuck Co 12-Ga Shotgun Model No: 20 Serial No. 583.2006 Attachment / Accessory: Case j. Ruger Rifle 308 Cal Model: M77 Mark Ii Serial No. 785-98424 Attachment / Accessory: Case; Scope 73-39483-9x40

NOTICE OF SEIZURE FOR FORFEITURE

E-FILED 2013 OCT 27 5:45 PM SAC - CLERK OF DISTRICT COURT

k. Luger Tech-9 9mm Model No. Ab-10 Serial No. A063029 Attachment / Accessory: Magazine; Ammunition l. Conn Valley Arms .50 Cal Rifle Model No. Kodiac Pro Mag Serial No. 13-032581-05 - Attachment / Accessory: Case m. Conn Valley Arms .50 Cal Rifle Model No. Kodiac Pro Mag Serial No. 61-13-219675-04 - Attachment / Accessory: Case A peace officer may seize property for forfeiture without court process on probable cause to believe the property is subject to forfeiture and if exigent circumstances exist or if the property has already been seized for a purpose other than forfeiture. 809A.6(2) The person from whom information about the seizure may be obtained is: Name: Captain Brian Erritt Seizing Agency: Sac County Sheriffs Office Address: 100 NW State Street, Sac City, Iowa 50583 Phone: (712) 662-7127

E-FILED 2013 NOV 04 8:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 25 1:27 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM ADDRESS 2109 320TH STREET, LAKE VIEW, IOWA 51450 CASE No: SPCV019475 APPLICATION FOR FORFEITURE ORDER (809A.16(3))

COMES NOW, the undersigned Prosecuting Attorney and states: 1. On October 27, 2013, the undersigned filed a Notice of Seizure for Forfeiture (Notice) and an In Rem Forfeiture Complaint (Complaint). 2. On November 1, 2013, Valerie Kuhlers and Rodney Kuhlers were served with the Notice and Complaint. 3. Following proper service of the Notice and Complaint, neither a proper claim nor an answer per Iowa Code chapter 809A was filed with the Court. 4. There is proper jurisdiction in Sac County, Iowa, for this application and for the court to enter an order forfeiting the property at issue herein. 5. The property noted in the Notice and Complaint is described in the attached-list below. 6. The circumstances giving rise to the property being forfeitable are as shown in the Complaint WHEREFORE, the State respectfully requests that the Court enter the order which extinguishes all rights of the owner(s) and transfers ownership of the property to the State of Iowa.

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 NOV 25 1:27 PM SAC - CLERK OF DISTRICT COURT

LIST OF PROPERTY TO BE FORFEITED - SPCV019475

1. Squires Bingham .22 Cal Rifle Model No. 20 Serial No. 23973936 Attachment / Accessory: Case 2. Steven .22 Cal Rifle Model No. 62 Serial No. 0576559 Attachment / Accessory: Case 3. 12-Ga Shotgun Barrel Make / Model: Unknown Attachment / Accessory: Case 4. Mossberg 12-Ga Shotgun Barrel Attachment / Accessory: None 5. Winchester Rifle 3-06 Cal Model: 670a Serial No. G167405 Attachment / Accessory: Scope; Case 6. Savage Rifle .243 Cal Model: Edge Serial No. H155956 Attachment / Accessory: Scope No. Dwc39x40n; Case 7. Mossberg 12-Ga Shotgun Model: 500a Serial No. P76110 Attachment / Accessory: None 8. Coast To Coast 12-Ga Shotgun Model: Master Mag Serial No. H0304388 Attachment / Accessory: Case 9. Sears Roebuck Co 12-Ga Shotgun Model No: 20 Serial No. 583.2006 Attachment / Accessory: Case 10. Ruger Rifle 308 Cal Model: M77 Mark Ii Serial No. 785-98424 Attachment / Accessory: Case; Scope 73-39483-9x40 11. Luger Tech-9 9mm Model No. Ab-10 Serial No. A063029 Attachment / Accessory: Magazine; Ammunition 12. Conn Valley Arms .50 Cal Rifle Model No. Kodiac Pro Mag Serial No. 13032581-05 - Attachment / Accessory: Case 13. Conn Valley Arms .50 Cal Rifle Model No. Kodiac Pro Mag Serial No. 6113-219675-04 - Attachment / Accessory: Case

E-FILED 2013 DEC 02 1:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM ADDRESS 2109 320TH STREET, LAKE VIEW, IOWA 51450

CASE No SPCV0194!5

FORFEITURE ORDER "#$09A%1&"3''

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E-FILED 2013 DEC 02 1:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SPCV019475 OTHER ORDER Case Title PROPERTY SEIZED FROM ROD & VALERIE KUHLERS So Ordered

Electronically signed on 2013-12-02 13:46:48

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