§ 28-4-285 — Conveyances, Vehicles of Transportation or Animals Used for Illegal Conveyance of Prohibited Liquors and Beverages Declared Contraband and Forfeited to State; Seizure of Said Conveyances, Etc., and Reporting Thereof by Sheriffs, Etc., Finding Same; Confiscation and Condemnation Generally

Alabama § 28-4-285

• Jurisdiction: Alabama
• Title 28: Intoxicating Liquor, Malt Beverages and Wine
• Ch. 4: Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities
• Art. 11: Forfeiture and Condemnation of Contraband Liquors and Beverages, Etc

Text

All conveyances and vehicles of transportation of any kind, whether on the waters of the state, under the waters, on land or in the air, including any animals that may be used in such transportation, whether hitched or not hitched to any vehicle so illegally used, together with all harness and other accessories employed in such illegal transportation, which have been or are used for the illegal conveying of any prohibited liquors or beverages into this state or from one point in the state to another point within the state shall be contraband and shall be forfeited to the State of Alabama, and shall be seized by any sheriff or any other person acting under authority of law in the enforcement of the prohibition laws of the state who becomes cognizant of the facts or who finds liquor being illegally transported as aforesaid in such vehicles or conveyances or on any such animal, and such officer or person shall report the seizure and the facts connected therewith to the district attorney in the county where seizure is made or, in default thereof, to the Attorney General of the state.
In order to condemn and confiscate any of the above-mentioned conveyances or vehicles or animals, it shall not be necessary for the state to show any actual movement of said conveyances, vehicles or animals while loaded with any of said prohibited liquors or beverages; provided, that if said prohibited liquors or beverages shall have been purchased through the state liquor stores or shall bear the stamp of the Alabama Alcoholic Beverage Control Board, no such conveyance, vehicle or animal shall be confiscated or forfeited unless the court shall be convinced from the evidence that said prohibited liquors or beverages were being transported for the purpose of resale contrary to law, and the fact that the owner or operator of said conveyance or vehicle or animal has a reputation of being a seller of prohibited liquors shall be prima facie evidence that such liquors or beverages were being transported for resale.

Legislative History

(Acts 1919, No. 7, p. 6; Code 1923, §4778; Acts 1927, No. 624, p. 715; Code 1940, T. 29, §247; Acts 1947, No. 129, p. 39.)