spcv019595 - hearing to address seized property of anna richter.pdf

8/9/2019 SPCV019595 - Hearing to address seized property of Anna Richter.pdf

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IN THE IOWA DISTRICT COURT FOR POLK COUNTY

SEIZED PROPERTY OF ANNA RICHTER Case No. 05771 SPCE077634

Clerk's Certificate of Transmission to District Court

I, the undersigned Clerk of District Court or designee, do hereby certify as follows:

Case Security:

The ICIS case level security of this matter is: 0 All of the case record in this matter is public record

All or part of the case record in this matter is confidential under Iowa law:

Juvenile Record, including children and families in need of assistance, termination of parental rights and certain

confidential delinquency actions

Involuntary Hospitalization of Persons with Mental Illness Record

Involuntary Commitment or Treatment of Chronic Substance Abuse Record

Pending Dissolution of Marriage Record

While this case type is public record, certain documents are confidential or sealed

Probate Other:

Document Security:

The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.

Transmission of Record:

The record is being transmitted to the District Clerk of Court in the following format(s):

Fully electronic format (attached)

Part electronic/part non-electronic Partially electronic format (attached in binder)

Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:

The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the

only upon specific request:

Other:

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E-FILED 02811 SPCV019595 - 2015 FEB 12 01:00 PM SACCLERK OF DISTRICT COURT Page 1 of 2


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Dated: February 12, 2015 /s/ Cindi Richey

Clerk of Court/Designee

POLK County

EDMS/ICIS event and document security levels:

0 Public

1 Confidential - accessible by case parties

2 Confidential - accessible by self-represented litigants

3 Confidential - accessible by attorneys on the case

4 Confidential - accessible by county attorney

5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court

office)

6 (Not designated)

7 (Not designated)

8 Expunged - accessible by judges, magistrates and clerks of court

9 Sealed - accessible by judges and clerks of court

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E-FILED 02811 SPCV019595 - 2015 FEB 12 01:00 PM SACCLERK OF DISTRICT COURT Page 2 of 2


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SPCE077634 RICHTER

Binder Information

Created For: Arthur Gamble

Created By: Richey, Cynthia (Cindi)

Created Date: 02-12-2015

Updated By: Richey, Cynthia (Cindi)

Updated Date: 02-12-2015

Generated: 02-12-2015

Event Date: 02-12-2015

Expires:


5/15


SEIZED PROPERTY OF ANNA RICHTER Case No. 05771 SPCE077634

Clerk's Certificate of Transmission to District Court

I, the undersigned Clerk of District Court or designee, do hereby certify as follows:

Case Security:

The ICIS case level security of this matter is: 0 All of the case record in this matter is public record

All or part of the case record in this matter is confidential under Iowa law:

Juvenile Record, including children and families in need of assistance, termination of parental rights and certain

confidential delinquency actions

Involuntary Hospitalization of Persons with Mental Illness Record

Involuntary Commitment or Treatment of Chronic Substance Abuse Record

Pending Dissolution of Marriage Record

While this case type is public record, certain documents are confidential or sealed

Probate Other:

Document Security:

The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.

Transmission of Record:

The record is being transmitted to the District Clerk of Court in the following format(s):

Fully electronic format (attached)

Part electronic/part non-electronic Partially electronic format (attached in binder)

Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:

The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the

only upon specific request:

Other:

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Dated: February 12, 2015 /s/ Cindi Richey


POLK County

EDMS/ICIS event and document security levels:

0 Public

1 Confidential - accessible by case parties

2 Confidential - accessible by self-represented litigants

3 Confidential - accessible by attorneys on the case

4 Confidential - accessible by county attorney

5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court

office)

6 (Not designated)

7 (Not designated)

8 Expunged - accessible by judges, magistrates and clerks of court

9 Sealed - accessible by judges and clerks of court

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IN THE INTEREST OF:

SEIZED PROPERTY OFANNA RICHTER

Case No. 05771 SPCE077634

Clerk Certificate

of Original Record

Docket Event Code TRPD

I hereby certify that the foregoing is a full, true and complete original record of the above case.

A copy remains on file in this office.

Dated: February 12, 2015

/s/ Cindi Richey


POLK County

E-FILED 2015 FEB 12 11:56 AM POLK - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY

STATE OF IOWA,

Plaintiff

VS

ANNA RICHTER,

Defendant

Criminal Nm!er" SPCE ##$%&

ORDER

IT HAS CO'E TO THE COURT(S ATTENTION THAT THIS CASE

SHOULD )E HEARD IN SAC COUNTY AS THERE IS A PENDIN* CRI'INAL

CHAR*E RE*ARDIN* THIS 'ATTER IN SAC COUNTY+

IT IS ORDERED THAT THIS CASE SHALL )E TRANSFERRED TO SAC

COUNTY FOR DISPOSITION+ THE %-+-- CHAN*E OF VENUE FEE IS

WAIVED+

COPIES

PCAO

SAC COUNTY ATTORNEY

DEFENDANT



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State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

SPCE077634 SEIZED PROPERTY OF ANNA RICHTER

So Ordered

Electronically signed on 2015-02-12 09:17:28 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY IN THE MATTER OF PROPERTY SEIZED ON7-8-2014 FROM Anna Richter Seizing AgencySeizing Agency Number

05771 SPCE077634ORDER SETTING SEIZED

PROPERTY SCHEDULING CONFERENCE

A Status Conference is scheduled on 02/13/2015 at 9:45 AM at the Polk Co Courthouse, CtRm211, 500 Mulberry St, DSM, IA , concerning the proper disposition of the property seized by lawenforcement officers. The rights of all persons who have filed claims and the interest of the State of Iowa keeping theproperty will NOT be determined at this conference. If this matter is not resolved at this conference, ahearing will be scheduled wherein any interested party may present evidence and call witnesses

Failure to attend this conference may result in forfeiture of the property to the State.

SO ORDERED 8th day of January, 2015.

In addition to all other persons entitled to a copy of this order, the Clerk shall provide a copy to the following:

Claimant

5C If you need assistance to participate in court due to a disability, call the disability coordinator at (515)286-3394. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.

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E-FILED 2015 JAN 08 1:44 PM POLK - CLERK OF DISTRICT COURT


11/15


Case Number Case TitleSPCE077634 SEIZED PROPERTY OF ANNA RICHTERType: ORDER SETTING HEARING

So Ordered

Electronically signed on 2015-01-08 13:44:32

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IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY

ANNA RICHTER

Plaintiff,

v.

STATE OF IOWA,

Defendant.

Case No.:

PLAINTIFF’S APPLICATION FOR THE

IMMEDIATE RETURN OF SEIZED

PROPERTY

COMES NOW, Plaintiff, Anna Richter, by and through counsel, and in support of her

Application for the Immediate Return of Seized Property, in accordance with Iowa Code § 809.3

states as follows:

1. Defendant lives in Urbandale, IA 50323 in Polk County.

2. On or about July 8, 2014, Plaintiff ’s property was seized in Polk County in accordance

with the Sac County case number SWSW000222.

3. On or about August 20, 2014, a DCI agent was assigned to investigate the seized

property.

4.

The property seized included: (1) Plaintiff ’s Dell computer; (2) USB Microsoft blue flash

drive; (3) power cord; (4) USB Maxell black flash drive; (4) USB ATTA CHG

purple/blue flash drive; (5) USB Verbatim blue flash drive .

5. Plaintiff is a senior citizen whose financial resources are limited and cannot purchase a

new computer.

6. Plaintiff has important, personal information stored both on her computer and the seized

flash drives.

7. Plaintiff has little to no access to these technological services and other important

information without the seized property.


http://mysubmit%28%2702811++swsw000222%27%2C%27sa1281727%27%29/http://mysubmit%28%2702811++swsw000222%27%2C%27sa1281727%27%29/


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8. The value and functionality of the computer technology deteriorates. Enough time has

passed for sufficient investigation.

9. Plaintiff requests a hearing to return the seized property in accordance with Iowa Code §

809.4.

10. Plaintiff requests the property be returned in accordance with Iowa Code § 809.5.

WHEREFORE, Plaintiff respectfully requests a hearing in this matter and for the return of her

seized property in accordance with Iowa Code § 809.3-5.

Respectfully submitted,

/s/ Julia A. Ofenbakh__________

Julia A. Ofenbakh AT0010124Ofenbakh Law Firm, PLLC541 31

st Street Suite C

Des Moines, IA 50311

Telephone: (515) 868-0088Facsimile: (515) 963-5370

[email protected]



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN THE MATTER OF PROPERTY ) SPCV019595SEIZED FROM )

) ORDER SETTING HEARING

ANNA RICHTER )

This matter came before the Court upon transfer from Polk County. The

Court, upon reviewing the record and being advised in the premises FIN! and

"#$#! that a hearing shall be in this case for %arch &', &()* at )(+'( a.m. in

the courtroom of the !ac County Courthouse, !ac City, Iowa.

IT IS SO ORDERED.

Clerk to Provide Copies to+en-amin !mithulia "fenbakh

E-FILED 2015 FEB 13 2:04 PM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER

Case Number Case Title

SPCV019595 SEIZED PROPERTY FROM ANNA RICHTER

So Ordered

Electronically signed on 2015-02-13 14:04:03 page 2 of 2

E-FILED 2015 FEB 13 2:04 PM SAC - CLERK OF DISTRICT COURT

spcv019595 - hearing to address seized property of anna richter.pdf

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