28-4-251
Section 28-4-251 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Authorization and procedure generally. Search warrants for the seizure of liquors
and beverages that are prohibited to be sold or otherwise disposed of in this state, together
with the vessel or other receptacle in which they are contained, may be issued as prescribed
in this article, and proceedings may be had to secure the destruction of such liquors, beverages,
vessels and receptacles upon the grounds and in the manner provided in this article. (Acts
1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4741; Code 1940, T. 29, §210;
Acts 1951, No. 905, p. 1544.)...
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28-4-260
Section 28-4-260 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Execution - Giving of receipt for prohibited liquors and beverages, etc., seized under warrant.
When an officer takes prohibited liquors and beverages under the warrant, he must, if required,
give a receipt to the person from whom they were taken or in whose possession they were found
and also a receipt for such receptacles or vessels as may be taken under the warrant. (Acts
1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)...

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28-4-281
Section 28-4-281 Correction of defects or irregularities in notice, etc., in forfeiture and
condemnation proceedings. Whenever in any proceedings for forfeiture and condemnation of liquors
and beverages and vessels and receptacles it shall appear to the judge or court that there
has been any irregularity in the service of any process or notice or any omission to post
or serve notices required or any defect in the affidavit or notice or in the service or return
of either, the judge or court may permit the same to be amended and may direct such further
service of process or of notice as will, in the judgment of the judge or court, be most effectual
in securing notice of the proceeding to those who may be entitled thereto and so that the
proceeding may not fail for any irregularity or technicality. (Acts 1909, No. 191, p. 63;
Acts 1915, No. 2; p. 8; Code 1923, §4769; Code 1940, T. 29, §238.)...
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28-4-293
Section 28-4-293 Property rights in prohibited liquors and beverages, vessels, vehicles, etc.,
kept, used, etc., for purpose of violating temperance laws, etc.; seizure, forfeiture, disposition,
etc., of same generally. No property rights of any kind shall exist in prohibited liquors
and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for the purpose
of violating any law for the promotion of temperance or the suppression of the evils of intemperance,
nor in any such liquors and beverages when received, possessed or stored in any forbidden
place or anywhere forbidden by law. In all such cases the liquors and beverages are forfeited
to the State of Alabama and may be searched for and seized and forfeited and disposed of under
the rules prescribed by law concerning contraband liquors and beverages or by order of the
judge or court, after a conviction, when such liquors and beverages have been seized for use
as evidence. (Acts 1915, No. 491, p. 553; Code 1923,...
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28-4-270
Section 28-4-270 Forfeiture and condemnation proceedings generally - Issues, etc., where more
than one claimant to liquors and beverages seized. If different parties appear and claim separate
portions of the liquor and beverages and vessels and receptacles seized, separate answers
may be filed and separate issues may be framed and the trial had accordingly before the district
court. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4760; Code 1940, T.
29, §229.)...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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28-4-280
Section 28-4-280 Allowances and fees of officers executing search warrants and attending and
prosecuting forfeiture and condemnation actions for state. There shall be allowed the officer
making the seizure under a search warrant the sum of $3.00 and also the additional sum of
$2.00 for every day that such officer shall necessarily be employed in attending court for
the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited
or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant,
together with such reasonable sum as the court may deem just for necessary expenses incurred
in transporting and providing storage for liquors and beverages and vessels and receptacles
seized. Where a warrant is issued to any peace officer to search a designated place for prohibited
liquors and beverages and such officer executes such warrant and seizes such liquors or beverages,
but fails to arrest any person or persons for having...
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28-4-292
Section 28-4-292 Advertisement and sale of receptacles, etc., of prohibited liquors and beverages.
All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases
or trunks, which have been seized in law enforcement and which are in the custody of any person
or officer, after conviction of the parties from whom seized of the violation of the law in
respect thereto, shall be sold after notice of sale by advertisement in a newspaper published
in the county for 10 days in a daily paper or for two issues in a weekly paper. The proceeds
of the sale shall be paid into the municipal treasury, if sale is made by a municipal officer
or custodian of such contraband seized by municipal officers, or to the law-enforcement fund
in the State Treasury if made by any other officer or custodian. (Acts 1919, No. 7, p. 6;
Code 1923, §4783; Code 1940, T. 29, §252.)...
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28-4-265
Section 28-4-265 Liquors and beverages, etc., seized not to be recovered by writ of replevin
or detinue during pendency of proceedings under article; final judgment of condemnation to
bar actions to recover liquors and beverages, etc., seized, etc. Liquors and beverages seized
and vessels and receptacles containing them shall not be taken from the custody of the officer
by writ of replevin or detinue or other process while the proceedings under this article are
pending. A final judgment of condemnation in all proceedings under this article shall be a
bar to all actions for the recovery of any liquors and beverages or vessels and receptacles
seized or for the value of the same and for damages alleged to arise by reason of the seizure
and detention thereof. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4753;
Code 1940, T. 29, §222.)...
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28-4-256
Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Issuance by judge. If the judge of the district court is satisfied of the existence
of ground or grounds for the application, or one of them, or that there is probable cause
to believe the existence of them, or one of them, he must issue a search warrant, signed by
him, directed to the sheriff or to any lawful officer, commanding him to forthwith search
the place named for the prohibited liquors and beverages and to bring them before the judge.
If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit
may so state and the warrant may issue accordingly. The judge of the district court may direct
the warrant to the chief of police or any police officer of a municipality when the place
to be searched is within a municipality or within the police jurisdiction thereof. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940,...
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