IC 7.1-2-5
    Chapter 5. Remedies: Searches, Seizures, Property Rights,Evidence, and Judicial Sales

IC 7.1-2-5-1
Issuance of warrant
    Sec. 1. A judge of any court may issue a warrant to search a houseor other place for alcohol, an alcoholic liquid or substance, a still, adistilling apparatus, a tobacco product, or another article that is beingpossessed, kept, sold, bartered, given away, used, or transported inviolation of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.1-1990,SEC.87; P.L.94-2008, SEC.8.

IC 7.1-2-5-2
Service of warrant
    Sec. 2. Service of Warrant. The warrant shall be directed to theofficer, agent, or employee of the commission who filed the affidavitfor the warrant and otherwise it shall be directed to any officer whohas the power to serve criminal process. The warrant shall be servedby the person to whom it was issued in the daytime or nighttime andthe return made within twenty (20) days from the date of issue.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-3
Seizures
    Sec. 3. Seizures. The officer who serves the warrant shall seizeany article described in the warrant and any other article that he mayfind during the search that is used in the violation of a provision ofthis title and hold them pending the disposition as may be ordered bythe court in which a prosecution may be instituted for the violationof a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-4
Disposition of articles pending judgment
    Sec. 4. An alcoholic beverage or a tobacco product seizedpursuant to this chapter and any other article which may be found onthe searched premises and taken under the warrant shall not be takenfrom the custody of the person who served the warrant by a writ ofreplevin or other process while the proceedings provided in thischapter are pending. A final judgment of conviction in thatproceeding shall be a bar in all cases to an action for recovery of thething seized or the value of it or damages alleged to have arisen byreason of the seizing and detention of it.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,SEC.9.

IC 7.1-2-5-5
Property rights limited    Sec. 5. All rights of any kind in an alcoholic beverage or atobacco product of any type, or in a container for an alcoholicbeverage, or in an article, apparatus, package, fixture or utensil inwhich an alcoholic beverage or a tobacco product may be placed, orwhich is used in connection with it, or a vehicle or conveyance inwhich an alcoholic beverage or a tobacco product is beingtransported or which is used for the transportation of an alcoholicbeverage or a tobacco product, shall at all times and under allcircumstances by whomsoever held, owned, or possessed, be deemedqualified by the right of the state, the commission, and the chairman,to administer, execute and enforce the provisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,SEC.10.

IC 7.1-2-5-6
Certain property rights prohibited
    Sec. 6. A person shall have no property right of any kind inalcohol, an alcoholic beverage, a malt article, or a tobacco producthad, kept, transported, or possessed contrary to law, or in or to areceptacle or container of any kind in which these liquids and articlesmay be found, or in an unlawful or prohibited receptacle orcontainer, or in a receptacle or container which does not conform toor which is being used contrary to or which is not kept in conformityto a rule or regulation of the commission, or which is being used tocontain an alcoholic beverage or tobacco product upon which a taxis due and unpaid, or an adulterated or misbranded alcoholicbeverage, or which is being used in an unlawful practice, or apractice contrary to a rule or regulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,SEC.11.

IC 7.1-2-5-7
Illegal transportation; property rights limited
    Sec. 7. A person who is interested in illegal transportation, or whohas knowledge of it, shall have no right, title, or interest in or to aconveyance of any kind used for the illegal transportation of alcohol,alcoholic beverages, malt articles, or a tobacco product.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,SEC.12.

IC 7.1-2-5-8
Forfeiture to state
    Sec. 8. An officer who makes an arrest for a violation of theprovisions of this title shall seize the evidence of the commission ofthat violation, including any vehicle, automobile, boat, air or watercraft, or other conveyance in which alcohol, alcoholic beverages,malt articles, or tobacco products are kept, possessed, or transportedcontrary to law, or contrary to a rule or regulation of the commission.The articles and vehicles mentioned in this section and in sections 5through 7 of this chapter are hereby declared forfeited to the state

and shall be seized.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.3-2008,SEC.68; P.L.94-2008, SEC.13.

IC 7.1-2-5-9
Opinion evidence
    Sec. 9. Opinion Evidence. Testimony concerning the appearance,taste or odor of a beverage or liquid shall be received in evidence ina criminal prosecution under this title, or in a proceeding before thecommission or a local board. A witness, either lay or expert, maytestify as to his opinion that a beverage or liquid which he has tasted,seen, smelled, or otherwise examined is a particular type of alcoholicbeverage.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-10
Repealed
    (Repealed by P.L.63-1990, SEC.1.)

IC 7.1-2-5-11
Evidence of misbranding
    Sec. 11. Evidence of Misbranding. An unbroken bottle whichcontains, or has contained, liquor or wine and which bears a brand,label, trade-mark, name or other device, marking, inscription, or areference to quality, nature, character, origin, or manufacturer of thealcoholic beverage contents of that bottle, that has been altered,defaced, restored, or upon which the tax stamp of the federalgovernment has been forged, counterfeited, restored, or reused, orwhich brand, label, trade-mark, name or other device, marking orinscription does not truly describe the contents or former contentsshall be received in evidence in a court as prima facie proof that theperson chargeable with the possession of it either is, or was, or both,maintaining a public nuisance and either is, or was, or both, keepingand possessing misbranded or adulterated alcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.4.)

IC 7.1-2-5-12
Oral evidence
    Sec. 12. The court shall receive oral testimony also upon a matterreferred to in section 11 of this chapter for the purpose of showinga violation of this title whether the bottle is offered in evidence ornot.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.1-2009,SEC.62.

IC 7.1-2-5-13
Destroyed evidence
    Sec. 13. Destroyed Evidence. If a fluid is poured out or otherwisedestroyed or carried away by the tenant or other person when apremises is being searched, the fluid shall be held to be, prima facie,

an alcoholic beverage held or possessed contrary to this title andintended for unlawful possession and sale. Proof of the possession ofan empty bottle, keg, case and vessel that has contained a destroyedalcoholic beverage shall be admitted as evidence of the illegalpossession of that alcoholic beverage.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-14
Sale of property seized from owner
    Sec. 14. Sale of Property Seized from Owner. The court, uponconviction of the owner, shall order that personal property of anytype seized under this title and which has been found to have beenused, kept or possessed in violation of this title shall be sold by thechairman if the property has commercial value and may be purchasedand used legally. The court shall order the chairman, or the sheriff,to destroy the property if it has no commercial value or cannot bepurchased and used legally. However, the court shall enter its orderof sale or destruction only after an opportunity has been given to theowner for a hearing concerning the proposed order.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-15
Sale of property seized from non-owner
    Sec. 15. Sale of Property Seized from Non-Owner. The court,upon the conviction of a person other than the owner, found incharge or possession of personal property seized under this title, orupon written petition of the chairman if no person is found in chargeof or in possession of the seized property, and if the court, uponhearing, finds that any of the personal property was used, kept, orpossessed in violation of this title, with the knowledge of the owner,shall order the property disposed of as provided in IC 1971,7.1-2-5-14. However, the court shall enter its order of sale ordestruction only after an opportunity for a hearing has been given bynot less than ten (10) days' notice to the owner, if he is known, or ifhe is not known, then by notice of the seizure of the property, witha description of it, by publication one (1) time in a newspaper ofgeneral circulation published in the county seat of the county of thecourt having jurisdiction. If there is no newspaper published in thecounty seat, the notice shall be published in a newspaper of a generalcirculation in the county. Notice published in a newspaper shall begiven not less than ten (10) days prior to the time fixed for thehearing.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-16
Rights of lien holders
    Sec. 16. Rights of Lien Holders. A lien holder, by intervention ata hearing as provided in IC 1971, 7.1-2-5-14, or 7.1-2-5-15, or inanother proceeding brought for that purpose, at any time before thesale of property ordered sold, may have his lien determined and his

priority fixed. Liens determined under this section shall betransferred to and attached to the proceeds of the sale of the property.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-2-5-17
Conduct of sale
    Sec. 17. Property ordered sold by a court under the provisions ofsection 14 or 15 of this chapter shall be sold by the chairman atpublic auction in any county in which he may deem it mostadvantageous to sell the property. The chairman shall give one (1)week's notice of the sale prior to the sale. The notice shall bepublished in the county seat of the county in which the sale is to bemade. Property which has a commercial value and which may belawfully purchased may be sold to any person. The proceeds of thesale, after deducting necessary costs and charges, including fees forpublication, and payment of liens shall be paid to the chairman fordeposit under IC 7.1-4-10-3.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.105-1995,SEC.4.