(1)If any alcohol
beverages are there found, said officer shall seize the same and the vessels in
which they are contained and all implements and furniture used or kept in
connection with such beverages in the illegal selling, bartering, exchanging, giving
away, or carrying of same, and any wagon, automobile, truck, vehicle, contrivance,
thing, or device used in conveying the same, and safely keep them and make
immediate return on the warrant. The property shall not be taken from the custody
of any officer seizing or holding the same by writ of replevin or other process while
the proceedings relating thereto are pending.
(2)Final judgment of conviction in such proceedings shall be a bar to any suit
for the recovery of any property so seized or the value of same or for damages
Free access — add to your briefcase to read the full text and ask questions with AI
(1) If any alcohol
beverages are there found, said officer shall seize the same and the vessels in
which they are contained and all implements and furniture used or kept in
connection with such beverages in the illegal selling, bartering, exchanging, giving
away, or carrying of same, and any wagon, automobile, truck, vehicle, contrivance,
thing, or device used in conveying the same, and safely keep them and make
immediate return on the warrant. The property shall not be taken from the custody
of any officer seizing or holding the same by writ of replevin or other process while
the proceedings relating thereto are pending.
(2) Final judgment of conviction in such proceedings shall be a bar to any suit
for the recovery of any property so seized or the value of same or for damages
alleged to arise by reason of the seizure and detention. The judgment entered shall
find said alcohol beverages to be unlawful and shall direct their destruction or sale
forthwith, in the manner provided by subsection (7) of this section. The wagon,
automobile, truck, vehicle, contrivance, thing, or device, vessels, implements, and
furniture shall likewise be ordered disposed of in the same manner as personal
property is sold under execution, and the proceeds therefrom applied, first in the
payment of the cost of the prosecution and of any fine imposed, and the balance, if
any, paid into the general school fund of the county in which the conviction is had.
(3) The officer serving the warrant shall forthwith proceed in the manner
required for the institution of a criminal action in the court issuing the warrant,
charging a violation of law as the evidence in the case justifies. If the officer refuses
or neglects to so proceed as specified, then the person filing the affidavit for the
search warrant, or any other person, may so proceed.
(4) If, during the trial of a person charged with a violation of this article 3, the
evidence presented discloses that fluids were poured out, or otherwise destroyed,
manifestly for the purpose of preventing seizure, said fluids shall be held to be
prima facie alcohol beverages and intended for unlawful use, sale, barter,
exchange, or gift.
(5) If no person is in possession of the premises where illegal alcohol
beverages are found, the officer seizing the alcohol beverages shall post in a
conspicuous place on said premises a copy of the warrant, and if at the time fixed
for any hearing concerning the alcohol beverages seized, or within thirty days
thereafter, no person appears, the court in which the hearing was to be held shall
order the alcohol beverages destroyed or sold in the manner provided in subsection
(7) of this section.
(6) No warrant issued pursuant to this article 3 shall authorize the search of
any place where a person may lawfully keep alcohol beverages as provided in this
article 3. No warrant shall be issued to search a home occupied as such, as provided
in this section, unless it or some part of it is used in connection with or as a store,
shop, hotel, boardinghouse, rooming house, or place of public resort.
(7) Any sale of alcohol beverages conducted upon order of court pursuant to
this section shall be conducted in the following manner:
(a) The officer ordered by the court to conduct the sale shall give notice of
the time and place of the sale by posting a notice in a prominent place in the county
for a period of five consecutive days prior to the day of the sale. The notice shall
describe as fully as possible the property to be sold and shall state the time and
place of the sale.
(b) The sale shall be conducted as a public auction in some suitable public
place on the specified day at some time between the hours of 9 a.m. and 5 p.m., and
the time chosen for the sale shall be indicated in the notice.