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E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF RESIDENTIAL REAL PROPERTY SEIZED FOR FORFEITURE

IN REM FORFEITURE COMPLAINT

COMES NOW the State of Iowa through Sac County Attorney Ben Smith and in

support of its In Rem Forfeiture Complaint states the following:

1. On or around March 2 3, 2015, pu rsuant to Iowa Code Chapter 809, Laura Sue

Lawler (DOB: 11/21/1977), the record owner of the inhabited residential real

property at issue, 311 Main Str eet (Wall Lake INC. Lot 1 Blk 12 1st Addt) Wall Lake,

Iowa (hereinafter “property”), received notice that said property had been

constructively seized pursuant to Iowa Code section 809A.6(4)(a).

2. The property is specifically identified in Exhibit 1 which is attached hereto

and incorporated herein by reference.

3. The owner(s) and person(s) in possession and / or control of, and / or

having a possessory interest in the property are as follows:

a. Owner( s): Laura Lawler

b. Person(s) in Possession or Control: Laura Lawler

c. Person(s) with a Security Interest: None

d. Seizing Agency: Lake View Police Department

4. The property is subject to forfeiture because t he property was used or was

intended to be used to facilitate conduct giving rise to forfeiture.

5. The conduct giving rise to this f orfeiture action is as follows:

a. On or around March 23, 2015, Laura Lawler, the owner of the property, admitted to selling at least a gram of marijuana, a schedule I controlled substance, from the property every day for the last six months. “ It is unlawful for any person to…deliver, or possess with the intent to…deliver, a controlled substance…or to act with, enter into a common

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scheme or design with, or conspire with one or more other persons to…deliver, or possess with the intent to…deliver a controlled substance.” I OWA CODE § 124.401(1) (2015). A violation of this subsection involving fifty kilograms or less of marijuana…is a class “D” felony. I OWA CODE § 124.401(1)(d) (2015) .

b. On at least ten occasions in the past six months, Laura Lawler sold or delivered marijuana from her property, which is within one thousand feet of both a public park and a public elementary school, to a pers on under eighteen years of age. “A person who u nlawfully distributes or possesses with intent to distribute a substance listed in schedule I or II to a person under eighteen years of age commits a class “B” felony and shall serve a minimum term of confinement of five years. However, if the substance w as distributed in or on, or within one thousand feet of, the re al property comprising a public…elementary or secondary school [or a]… public park, the person shall serve a minimum term of confinement of ten years.” I OWA CODE § 124.406(1)(a) (2015).

c. On at least five occasions in the past six months, Laura Lawler conspired with or recruited a person under the age of eighteen for the purpose of delivering marijuana, a schedule I controlled substance, from the property. “It is unlawful for a person who is eighteen years of age or older to conspire with or recruit a person under the age of eighteen for the purpose of delivering or manufacturing a controlled substance classified in [schedule I]. A person violating this section commits a class “C” felony.” I OWA COD E § 124.406A (2015).

6. The conduct giving rise to this forfeiture is also demonstrated in the

allegations and information contained in the criminal filings in Sac County Case No.

FECR012804.

7. There is a substantial connection between the property and the above-

described conduct giving rise to forfeiture. I OWA CODE § 809A.4(7) (2015).

8. The State of Iowa relies on each and every ground for forfeiture

contained in Iowa Code Chapter 809A.

9. Failure to file an answer to this complaint within twenty (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

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additional provisions of Iowa Code s ection 809A.13 in the attached Notice.

WHEREFORE, the State asks that the property be forfeited pursuant to the

provisions of Iowa Code Chapter 809A.

STATE OF IOWA

to the provisions of Iowa Code Chapter 809A. STATE OF IOWA Benjamin John Smith Sac County

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

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 23 3:09 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 claima nt' 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

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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