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242.370 Search and seizure.
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When an officer or any reputable citizen files an affidavit with any Circuit or
District Judge, describing premises or a vehicle, where alcoholic beverages are sold,
disposed of or possessed in violation of this chapter, the judge shall by his warrant
cause the premises or vehicle to be searched for the detection of any alcoholic
beverages which are possessed, or kept for disposition, in violation of this chapter.
Any officer receiving such a warrant shall immediately execute it on the day it is
received.
If admission is not given on demand, the officers enforcing the warrant shall force
an entrance into the premises or vehicle. If the officer finds that alcoholic beverages
are being illegally sold, disposed of or possessed, he shall seize the alcoholic
beverages, arrest the keeper or person in charge of the premises, vehicle or alcoholic
beverages and carry the person arrested and the alcoholic beverages before the judge
that has issued the warrant.
No search warrant as provided for in this section shall be quashed if it and the
affidavit on which it is based are sufficient on the face. If the search warrant is
quashed no property taken by virtue of it shall be ordered returned unless the person
from whose possession the property was taken both alleges and proves that he was
in lawful possession of the property.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 221, effective January
2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 2554c-34.
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