Action to replevin seized liquor, limitations, procedure
When an officer takes someone's alcohol or property (worth $50 or less) because they think it is illegal, the officer must give that person a receipt. The person who had the property can go to court within 60 days to try to get it back. A judge — no jury — decides the case. If the judge agrees the property was taken wrongly, the officer does not have to pay damages unless the seizure was done on purpose with no good reason. If no one goes to court within 60 days, the property gets sold and the money goes to the state.
311.850. to seized liquor, limitations, procedure — — appeals — sale of seized liquor — duties of prosecuting officials. — 1. Whenever any or other property of the value of fifty dollars or less is seized as under any of the by any officer, he shall give to the person from whom it is seized a receipt for said property. Any person claiming to said property as owner or otherwise may at any time within sixty days of such file a suit in replevin against the officer seizing said property. Said suit shall be heard by the court without a jury and conducted as any other suit in replevin is conducted except as otherwise provided in this chapter, but if the court shall the of the property to the or to some , the officer making the seizure shall not be for any costs or damages, unless the court shall find that said seizure was made and that said officer did not have to believe said property was contraband. If the court shall find that said seized property is contraband, he shall it turned over to the to be sold by him and the to be paid into the of the state.
2. Appeals shall be allowed from the of the court as in other .
3. If no suit is filed within sixty days after the seizure of such property, the officer seizing said property shall turn it over to the supervisor of liquor control to be sold by him and the proceeds of the sale shall be paid into the general revenue fund of the state of Missouri. Whenever any liquor is sold by any officer which does not bear proper stamps of the upon the containers, he shall, before selling it, obtain the proper from the director of revenue and affix them to the containers of such liquor, and the cost thereof shall be returned to the officer out of the proceeds of the sale.
4. The supervisor of liquor control and his agents and any other officer to make seizures of contraband property under the liquor control act are each hereby authorized and empowered to call upon the prosecuting attorneys of the respective counties and the of the city of St. Louis and the of the state of Missouri to represent them in any hereunder, and thereafter it shall be the duty of such or the attorney general to proceed on behalf of the officer making such call according to the of this chapter.
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Source & history notes
(L. 1949 p. 320 § 4917a)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.