E-FILED 2013 NOV 14 1:23 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF PROPERTY FORFEITABLE PURSUANT TO IOWA CODE CHAPTER 809A

IN REM FORFEITURE COMPLAINT

1. Owner(s) and person(s) in possession or control of the property are as follows: a. Owner(s): Thomas Patrick Anderson, Jr. b. Person(s) in Possession or Control: Thomas Patrick Anderson, Jr. c. Person(s) with a Security Interest: N/A d. Seizing Agency: N/A 2. Thomas Patrick Anderson, Jr. is the only person known to have an interest in the property listed below. 3. The property the State seeks to forfeit is a Ruger SR9C 9mm (pistol), magazine for the pistol (magazine), and waist band holster (collectively, property). 4. The property is subject to forfeiture because it was property used to facilitate conduct giving rise to forfeiture. IOWA CODE 809A.3, 809A.4 (2013). 5. The conduct giving rise to forfeiture is as follows: On or about July 21, 2013, in Sac County, Iowa, defendant was armed with a Ruger SR9C 9 mm (pistol). The pistol was concealed on or about the defendants person. The pistol was a dangerous weapon as defined by Iowa law. The defendants permit to carry / conceal a dangerous weapon was invalid because defendant was intoxicated as provided in Iowa Code section 321J.2(1). This conduct resulted in Mr. Thomas arrest and subsequent prosecution for OWI (see Sac County Case No. OWCR012379) and indictment for Going Armed with a Concealed Weapon. IOWA CODE 724.4 (2013) 6. The State of Iowa relies on each and every ground for forfeiture contained in Iowa Code Chapter 809A. 7. 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

E-FILED 2013 NOV 14 1:23 PM SAC - CLERK OF DISTRICT COURT

Order of Forfeiture pursuant to Iowa Code Section 809A.16(3). See additional provisions of Iowa Code Section 809A.13 in the attached NOTICE. WHEREFORE, the State requests 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 NOV 14 1:23 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 NOV 22 2:20 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CASE No. SPCV019479 IN THE MATTER OF PROPERTY FORFEITABLE PURSUANT TO IOWA CODE CHAPTER 809A

VOLUNTARY DISMISSAL

COMES NOW the State of Iowa through Sac County Attorney Ben Smith and, pursuant to Iowa Rule of Civil Procedure 1.943, voluntarily dismisses its forfeiture action / application filed herein on November 14, 2013.

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