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 […]
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 […]
Section 28-4-252 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Issuance – Persons authorized. The warrant may be issued by a judge of a district court. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4742; Code 1940, T. 29, §211; Acts 1955, 2nd Ex. Sess., […]
Section 28-4-253 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Issuance – Grounds. The warrant may be issued on any one of the following grounds: (1) When any person, firm, association of persons or corporation or unknown person or other party keeps a place where prohibited liquors and beverages, or any […]
Section 28-4-254 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Issuance – Standard for issuance; contents of affidavit supporting determination of probable cause. Said warrants shall be issued only on probable cause supported by affidavit naming or describing the person or other party whose premises are to be searched, if known, […]
Section 28-4-255 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Issuance – Examination of and taking of depositions from complainant and witnesses; contents of depositions. The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their depositions […]
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 […]
Section 28-4-257 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Form. The warrant may be in substantially the form prescribed by law for other search warrants and must, except as otherwise specified in this article, be executed in the manner and with the authority of the officer as prescribed by law […]
Section 28-4-258 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Execution – Persons authorized. The warrant may be executed by any one of the officers to whom it is directed, but by no other person, except in aid of the officer, he being present and acting in its execution. The complainant […]
Section 28-4-259 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Execution – Time. The warrant may be executed at any time between 8:00 A.M. and 6:00 P.M. or at any other time that the place or premises are open. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; […]
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 […]
Section 28-4-261 Search warrant for seizure of prohibited liquors and beverages, etc., generally – Limitation period for execution and return of warrant. The warrant must be executed and returned to the judge of the district court by whom it was issued within 10 days from the date of issuance. After that time, if it has […]
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 […]
Section 28-4-263 Issuance, etc., of warrants for search of steamboats, watercraft, depots, railway cars, etc. A search warrant may be obtained and prosecuted in accordance with the rules and regulations prescribed in this article in case there is probable cause to believe and it is made to appear to the judge issuing the warrant that […]
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 […]
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 […]
Section 28-4-266 Issuance of general notice to persons claiming right, title, etc., in liquors and beverages, etc., seized to appear and show cause why same should not be forfeited and destroyed. Upon the return of the warrant to the judge of the district court showing a seizure thereunder, the judge shall issue a notice directed […]
Section 28-4-267 Delivery to certain persons and posting of copies of notice. A copy of such notice shall be delivered to the person or other party who kept the liquors and beverages or had possession of the liquors and beverages at the time of the seizure, and a copy shall also be delivered to the […]
Section 28-4-268 Answer by persons claiming right, title, etc., in liquors and beverages, etc., seized. At the time and place specified in the notice, any person claiming any right, title or interest in the liquors and beverages and vessels and receptacles seized under such warrant may interpose a verified answer controverting the allegations of the […]
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 […]
