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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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28-4-260
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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28-3-244
Section 28-3-244 Condemnation and delivery to board of liquors seized upon which federal tax
has been paid and containers of which are unbroken or unopened. Any liquors and beverages
that are prohibited to be sold or otherwise disposed of in this state, including malt or brewed
beverages, together with the vessels or other receptacles in which they are contained, that
have been heretofore or may hereafter be seized by any officer of the state, county or municipal
government, regardless of whether seized under the authority of a search warrant or not, upon
which it appears that the federal tax has been paid, the federal stamp being located on the
container being prima facie evidence thereof, and the containers of which appear to be unbroken
or which appear to have never been opened after the placing thereon of the federal stamp or
seal shall, upon a court order of forfeiture, be delivered immediately to the Alcoholic Beverage
Control Board at Montgomery, Alabama, or to a properly...
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28-4-264
Section 28-4-264 Disposition of property seized by officer under warrant generally. When liquors
and beverages and vessels and receptacles are seized by the officer, they shall be held by
him subject to the order of the judge of the district court or the court to which the proceedings
may be carried by appeal, and, upon final judgment in accordance with the procedure prescribed
in this article, must be returned to the lawful owner or owners or be otherwise disposed of
according to law. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4752; Code
1940, T. 29, §221.)...
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28-4-262
Section 28-4-262 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Return of warrant; furnishing of copies thereof to applicant for warrant, etc. The officer
in his return of the warrant to the judge of the district court must specify with particularity
the liquors and beverages and other articles taken, and the applicant for the warrant and
the person from whose possession the liquors and articles were taken are entitled to a copy
of the return, signed by the judge, which he must furnish them on their application therefor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4750; Code 1940, T. 29, §219.)...
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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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28-4-228
Section 28-4-228 Disposition of liquor and beverages, etc., seized upon final judgment generally
- Restoration to owner. If it shall be finally decided that any liquors or beverages so seized
are not liable to forfeiture, the court shall order the officer having the same in custody
to restore said liquors, with the vessels containing the same, to the place where they were
seized, as nearly as practicable, and to the person entitled to receive them, which order
the officer shall obey and make return to the court of his acts thereunder. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4861; Code 1940, T. 29, §151.)...
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28-4-278
Section 28-4-278 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Issuance of order for delivery of liquors and beverages, etc., to Alcoholic
Beverage Control Board or for restoration of same to place or person from which or from whom
seized upon entry of final judgment in proceedings under article. Whenever it shall be finally
decided that the liquors and vessels seized as provided in this article are forfeited and
ordered condemned, the judge or court entering final judgment of forfeiture shall issue to
the officer having said liquors and beverages and vessels and receptacles in custody a written
order directing him forthwith to deliver said liquors and beverages and vessels and receptacles
to the Alcoholic Beverage Control Board as provided in Section 28-4-273, except in the case
of nonfederal tax-paid liquors or beverages, which shall be publicly destroyed, and the officer
shall immediately thereafter make return of said order to the...
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28-4-250
Section 28-4-250 Authorization and procedure generally. Prohibited liquors and beverages kept,
stored or deposited in any place in this state for the purpose of sale or unlawful disposition
or unlawful furnishing or distribution and the vessels and receptacles in which such liquors
are contained are declared to be contraband and are forfeited to the state when seized and
may be condemned for destruction as provided in this article, and prohibited liquors and beverages
may be searched for, seized and ordered to be destroyed as set forth in this article. In all
criminal prosecutions against any person for violating the provisions of the prohibition laws
of this state, the court, upon a conviction, may order the destruction of such prohibited
liquors or beverages as had been sold, offered for sale, had, kept in possession for sale
or otherwise disposed of by the defendant, or had been employed by him for use or disposition
at any unlawful drinking place or had been kept or used in...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
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