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Texas Alcoholic Beverage Code - Section 101.03. Search And Seizure

Legal Research Home > Texas Lawyer > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 101.03. Search And Seizure

§ 101.03. SEARCH AND SEIZURE.  (a) A search warrant may 
issue under Chapter 18, Code of Criminal Procedure, 1965, as 
amended, to search for, seize, and destroy or otherwise dispose of 
in accordance with this code:
		(1)  an illicit beverage;                                                     
		(2)  any equipment or instrumentality used, or capable 
or designed to be used, to manufacture an illicit beverage;
		(3)  a vehicle or instrumentality used or to be used for 
the illegal transportation of an illicit beverage;
		(4)  unlawful equipment or materials used or to be used 
in the illegal manufacturing of an illicit beverage;
		(5)  a forged or counterfeit stamp, die, plate, 
official signature, certificate, evidence of tax payment, license, 
permit, or other instrument pertaining to this code;  or
		(6)  any instrumentality or equipment, or parts of 
either of them, used or to be used, or designed or capable of use, to 
manufacture, print, etch, indite, or otherwise make a forged or 
counterfeit instrument covered by Subdivision (5) of this 
subsection.
	(b)  Any magistrate may issue a search warrant on the 
affidavit of a credible person, setting forth the name or 
description of the owner or person in charge of the premises (or 
stating that the name and description are unknown), the address or 
description of the premises, and showing that the described 
premises is a place where this code has been or is being violated.  
If the place to be searched is a private dwelling occupied as such 
and no part of it is used as a store, shop, hotel, boarding house, or 
for any other purpose except as a private residence, the affidavit 
must be made by two credible persons.
	(c)  All provisions of Chapter 18, Code of Criminal 
Procedure, 1965, as amended, apply to the application, issuance, 
and execution of the warrant except those that conflict with this 
section.
	(d)  The officer executing the warrant shall seize all items 
described in Subsection (a) of this section, and those items may not 
be taken from his custody by a writ of replevin or any other 
process.  The officer shall retain the items pending final judgment 
in the proceedings.
	(e)  This section does not require a peace officer to obtain 
a search warrant to search premises covered by a license or permit.

Acts 1977, 65th Leg., p. 491, ch. 194, § 1, eff. Sept. 1, 1977.            

Last modified: August 10, 2007