Claim Response Sheldon JenniferBARRY A. LINDAHL, Es .
CORPORATION COUNSEL F
MEMO
DUBUQUE
TO:
Mayor Terrance M. Duggan and
Members of the City Council
DATE: May 2, 2003
RE:
Claim Against the City By Jennifer Sheldon
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jennifer Sheldon
04/29/03 04/16~03
Seizure Of Property
This is a claim in which claimant alleges that her vehicle was impounded by the City of
Dubuque Police Department on 04/16/03, and is claiming a loss of $645.18.
According to the report of Klm Wadding, Chief of Police, the items seized from claimant's
vehicle are currently under investigation as items associated with a recent bank robbery.
Iowa Code {}809.3 states "any person claiming a right to immediate possession of seized
property may make application for its return in the office of the clerk of court for the county
in which the property was seized."
It is therefore the recommendation of Chief Wadding to deny this claim, and refer claimant
to the Dubuque County Clerk of Court as required by Iowa Code §809.3. The Legal
Department concurs with this recommendation.
BAL/tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Jennifer Sheldon
SUITE 330, HARBORVIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET
DATE: May 1, 2003
TO:
FROM:
Tracy Stecklein, Legal
Klm B. Wadding, Police Chief
RE:
Claim against the City of Dubuque by Jennifer Sheldon
Regarding this claim by Jennifer Sheldon, the items seized are currently under
investigation as items associated with illegal proceeds from the Liberty Bank bank
robbery. The bank robbery occurred April 11, 2003. Because these items appear
connected with the investigation, I recommend the claimant seek relief by making
application for the return of seized property to the Dubuque County Clerk of Court as
stated in the Code of Iowa 809.3.
809.3
1.
¸3.
Application for immediate return of seized property.
Any person claiming a right to immediate possession of seized properly may make application for its return in
the office of the clerk of court for the county in which the property was seized.
The application fo~ the return of seized property shell state the specific item or items sought, the nature of the
claimant's intereet in the property, and the grounds upon which the claimant seeks to have the property
immediately returned. Mere ownemhip is insufficient as grounds for immediate return. The wr~ten application
shall be specific and the claimant shall be limited at the judicial hearing to proof of the grounds set out in the
application for immediate return. The fact that tl~ properly is inadmissible as evidence or that it may be
suppressed is not grounds for its return. ~f no specific grounds are set out in the application for return, or the
grounds set out are insufficient as a matter of law, the cour[ may enter judgment on the pleadings without further
headng.
The claimant shall cause a copy of the application to be del;vered to the county attorney.
Please contact me if you have any questions. Thank you.