Search warrants, how issued--search andseizure--procedure--arrests--disposition of perishable products.
311.810. 1. The attorney general of the state of Missouriat the direction of the governor, or the prosecuting attorney ofany county, or the supervisor of liquor control, or any assistantdeputy or inspector appointed by the supervisor of liquorcontrol, is hereby empowered to file in the circuit court anapplication for a search warrant, which application shall bepresented to a circuit or associate circuit judge and shall be bypetition setting forth substantially the facts upon which thesame is based, describing the place to be searched and the thingor things to be seized as nearly as may be, which petition shallbe verified by the oath of the officer filing the same.
2. If it shall appear to the satisfaction of the court inwhich said petition is filed, either from the facts set forth insuch petition, if supported by the affidavit of a competentwitness to the facts set forth therein, or from evidence heardthereon, that there is probable cause to believe thatintoxicating liquor is being unlawfully manufactured, sold,stored or kept in any building, structure, motor vehicle or otherconveyance, or at any place described in such petition, withinsuch county or transported, as by the law of this state defined,contrary to the provisions of any such law, or that thereat ortherein is being used or kept any still, doubler, worm, worm tub,mash, mash tub, fermenting tub, vessel, fixture or equipment, orany part or parts thereof used or fit for use in the unlawfulmanufacture or production of intoxicating liquor, it shall be theduty of such court to issue or cause to be issued a searchwarrant thereon, directed to the sheriff or other officerauthorized by law to serve such process in this state, whichsearch warrant shall substantially recite the facts set forth insuch petition, and it shall thereupon be the duty of the officerexecuting such search warrant forthwith to enter any suchbuilding, structure, place, motor vehicle or other conveyance,either in the daytime or nighttime, by force if necessary, and toremove therefrom any intoxicating liquor, malt, mash and allgrain, grain products, fruit or fruit products found therein orthereat which have reached such a stage of fermentation as to beunfit for any use save in the unlawful manufacture ofintoxicating liquor; and to seize and remove therefrom anyintoxicating liquor, still, doubler, worm, worm tub, mash, mashtub, fermenting tub, vessel, fixture or equipment, or any part orparts thereof, used or fit for use in the unlawful manufacture ofintoxicating liquor, and all grain, grain products, sugar syrup,hops, raisins and other fruit or fruit products used or fit foruse in the unlawful manufacture of intoxicating liquor, whichhave not so fermented as to be useless for any other purpose thanin the manufacture or production of intoxicating liquor, and tohold such property until all prosecutions arising out of suchsearch and seizure shall be ended and determined. Allintoxicating liquor unlawfully manufactured, stored, kept, sold,transported or otherwise disposed of, and the containers thereofand all equipment used or fit for use in the manufacture orproduction of the same, including all grain or other materialsused, in the unlawful manufacture of intoxicating liquor, andwhich are found at or about any still or outfit for the unlawfulmaking or manufacture of intoxicating liquor, are hereby declaredcontraband, and no right of property shall be or exist in anyperson or persons, firm, or corporation owning, furnishing orpossessing any such property, liquor, material or equipment; butall such intoxicating liquors, property, articles and things,shall be sold upon an order of the court and in the mannerprovided in this chapter and the proceeds thereof shall beapplied on the payment of any fine and costs lawfully assessedagainst any person or persons convicted of the unlawfulmanufacture, production, transportation, sale, gift, storing, orpossession of intoxicating liquor, or for any other unlawfuldisposition thereof in any such building, structure, motorvehicle or other conveyance, at any such place or on the premisesthereof, or applied on the payment of any fine or costs of anyperson so convicted of keeping therein or thereat any still,doubler, worm, worm tub, mash, mash tub, fermenting tub, vessel,fixture or equipment, or any part or parts thereof used or fitfor use in the unlawful manufacture or production of intoxicatingliquor, contrary to the provisions of this chapter, and all suchproperty shall likewise be liable for the costs of making anysearch and seizure in case no person or persons shall be found incharge or control of any such property or claiming the same;provided, that all persons engaged in the work of unlawfullymanufacturing intoxicating liquors in any building, structure,motor vehicle or other conveyance, or at any place as defined inthis chapter, or of keeping, storing or selling intoxicatingliquor in violation of this law or of any of the laws of thisstate, or assisting in any way in such unlawful manufacture,production, keeping, storing, selling or transporting same, andall persons in possession or control, whether owners or not, ofany still, doubler, worm, worm tub, mash, mash tub, fermentingtub, vessel, fixture or equipment used or fit for use in theunlawful manufacture or production of intoxicating liquor, or inpossession or control of any grain, grain products, syrup, sugar,hops, raisins, or other fruit or fruit products, being used inthe unlawful manufacture or unlawful production of intoxicatingliquor, shall be deemed equally guilty of a violation of thislaw; provided further, that nothing in this chapter shall be soconstrued as to prevent any officer whose duty it is to makearrests from arresting, with or without warrant, any person orpersons found violating any of the provisions of this law or fromseizing or holding, as the case may be, any of the intoxicatingliquor so found, including any liquor in process of fermentationor distillation, or any of the equipment, articles or materials,being in use or fit for use, in the process of unlawfullymanufacturing intoxicating liquor as herein specified; however,in the case of a misdemeanor or a violation of a municipal orcounty ordinance, no physical arrest shall be made of anylicensee who was not on the licensed premises at the time theviolation occurred but a summons for later appearance may beissued. It is hereby expressly made the duty of the sheriffs andtheir deputies within their respective counties, and of marshals,chiefs of police and policemen in cities, towns and villages, andof all other officials whose duty it is or shall be to makearrests, to diligently suppress any violation of this law, and tothis end such officers are hereby authorized and directed toarrest, with or without a warrant, any person or persons foundviolating any such provisions; and, if arrested without awarrant, then such officer shall immediately report the same tothe prosecuting attorney of the county, and file the necessarycomplaint thereon. It shall be equally the duty of any officerto seize and hold without first obtaining a search warrant, anyintoxicating liquor, still, doubler, worm, worm tub, mash, mashtub, fermenting tub, vessel, fixture or equipment, or any part orparts thereof, which he may find in use or fit for use in theunlawful manufacture of intoxicating liquor and to report sameimmediately to the prosecuting attorney of the county in whichsuch liquor, articles and equipment may be found; providedfurther, that any officer executing a search warrant as providedin this chapter shall forthwith make his return thereon to thecourt issuing said search warrant of the manner and date of hisexecution thereof, showing what, if anything, was seized and heldby such search, together with the name of the owner or owners, ifknown, of the things seized, and if not known, then the name ornames of the person or persons appearing to be in charge orcontrol thereof, and shall attach to said return as a partthereof an accurate list or inventory of the article and thingsso seized and in case of the seizure of any such articles, thingsor equipment, or intoxicating liquor which said officer may havefound in use or fit for use without the aid of a search warrantas herein provided, he shall immediately file a list of thethings so seized with the prosecuting attorney of the county inwhich the same were found, and shall hold the things so seizedfor disposition in accordance with the provisions of this law;and provided further, that all such articles, products and thingsdeclared in this section to be contraband, and which shall beseized by any officer and which shall be of such perishablenature as not to be susceptible of preservation until thedetermination of any prosecution arising out of seizure, shall besold or otherwise disposed of as provided in this chapter by anorder of the court issuing such search warrant, and the proceedsof such sale shall be held and applied as in this law providing.
Search warrants, how issued--search andseizure--procedure--arrests--disposition of perishable products.
311.810. 1. The attorney general of the state of Missouriat the direction of the governor, or the prosecuting attorney ofany county, or the supervisor of liquor control, or any assistantdeputy or inspector appointed by the supervisor of liquorcontrol, is hereby empowered to file in the circuit court anapplication for a search warrant, which application shall bepresented to a circuit or associate circuit judge and shall be bypetition setting forth substantially the facts upon which thesame is based, describing the place to be searched and the thingor things to be seized as nearly as may be, which petition shallbe verified by the oath of the officer filing the same.
2. If it shall appear to the satisfaction of the court inwhich said petition is filed, either from the facts set forth insuch petition, if supported by the affidavit of a competentwitness to the facts set forth therein, or from evidence heardthereon, that there is probable cause to believe thatintoxicating liquor is being unlawfully manufactured, sold,stored or kept in any building, structure, motor vehicle or otherconveyance, or at any place described in such petition, withinsuch county or transported, as by the law of this state defined,contrary to the provisions of any such law, or that thereat ortherein is being used or kept any still, doubler, worm, worm tub,mash, mash tub, fermenting tub, vessel, fixture or equipment, orany part or parts thereof used or fit for use in the unlawfulmanufacture or production of intoxicating liquor, it shall be theduty of such court to issue or cause to be issued a searchwarrant thereon, directed to the sheriff or other officerauthorized by law to serve such process in this state, whichsearch warrant shall substantially recite the facts set forth insuch petition, and it shall thereupon be the duty of the officerexecuting such search warrant forthwith to enter any suchbuilding, structure, place, motor vehicle or other conveyance,either in the daytime or nighttime, by force if necessary, and toremove therefrom any intoxicating liquor, malt, mash and allgrain, grain products, fruit or fruit products found therein orthereat which have reached such a stage of fermentation as to beunfit for any use save in the unlawful manufacture ofintoxicating liquor; and to seize and remove therefrom anyintoxicating liquor, still, doubler, worm, worm tub, mash, mashtub, fermenting tub, vessel, fixture or equipment, or any part orparts thereof, used or fit for use in the unlawful manufacture ofintoxicating liquor, and all grain, grain products, sugar syrup,hops, raisins and other fruit or fruit products used or fit foruse in the unlawful manufacture of intoxicating liquor, whichhave not so fermented as to be useless for any other purpose thanin the manufacture or production of intoxicating liquor, and tohold such property until all prosecutions arising out of suchsearch and seizure shall be ended and determined. Allintoxicating liquor unlawfully manufactured, stored, kept, sold,transported or otherwise disposed of, and the containers thereofand all equipment used or fit for use in the manufacture orproduction of the same, including all grain or other materialsused, in the unlawful manufacture of intoxicating liquor, andwhich are found at or about any still or outfit for the unlawfulmaking or manufacture of intoxicating liquor, are hereby declaredcontraband, and no right of property shall be or exist in anyperson or persons, firm, or corporation owning, furnishing orpossessing any such property, liquor, material or equipment; butall such intoxicating liquors, property, articles and things,shall be sold upon an order of the court and in the mannerprovided in this chapter and the proceeds thereof shall beapplied on the payment of any fine and costs lawfully assessedagainst any person or persons convicted of the unlawfulmanufacture, production, transportation, sale, gift, storing, orpossession of intoxicating liquor, or for any other unlawfuldisposition thereof in any such building, structure, motorvehicle or other conveyance, at any such place or on the premisesthereof, or applied on the payment of any fine or costs of anyperson so convicted of keeping therein or thereat any still,doubler, worm, worm tub, mash, mash tub, fermenting tub, vessel,fixture or equipment, or any part or parts thereof used or fitfor use in the unlawful manufacture or production of intoxicatingliquor, contrary to the provisions of this chapter, and all suchproperty shall likewise be liable for the costs of making anysearch and seizure in case no person or persons shall be found incharge or control of any such property or claiming the same;provided, that all persons engaged in the work of unlawfullymanufacturing intoxicating liquors in any building, structure,motor vehicle or other conveyance, or at any place as defined inthis chapter, or of keeping, storing or selling intoxicatingliquor in violation of this law or of any of the laws of thisstate, or assisting in any way in such unlawful manufacture,production, keeping, storing, selling or transporting same, andall persons in possession or control, whether owners or not, ofany still, doubler, worm, worm tub, mash, mash tub, fermentingtub, vessel, fixture or equipment used or fit for use in theunlawful manufacture or production of intoxicating liquor, or inpossession or control of any grain, grain products, syrup, sugar,hops, raisins, or other fruit or fruit products, being used inthe unlawful manufacture or unlawful production of intoxicatingliquor, shall be deemed equally guilty of a violation of thislaw; provided further, that nothing in this chapter shall be soconstrued as to prevent any officer whose duty it is to makearrests from arresting, with or without warrant, any person orpersons found violating any of the provisions of this law or fromseizing or holding, as the case may be, any of the intoxicatingliquor so found, including any liquor in process of fermentationor distillation, or any of the equipment, articles or materials,being in use or fit for use, in the process of unlawfullymanufacturing intoxicating liquor as herein specified; however,in the case of a misdemeanor or a violation of a municipal orcounty ordinance, no physical arrest shall be made of anylicensee who was not on the licensed premises at the time theviolation occurred but a summons for later appearance may beissued. It is hereby expressly made the duty of the sheriffs andtheir deputies within their respective counties, and of marshals,chiefs of police and policemen in cities, towns and villages, andof all other officials whose duty it is or shall be to makearrests, to diligently suppress any violation of this law, and tothis end such officers are hereby authorized and directed toarrest, with or without a warrant, any person or persons foundviolating any such provisions; and, if arrested without awarrant, then such officer shall immediately report the same tothe prosecuting attorney of the county, and file the necessarycomplaint thereon. It shall be equally the duty of any officerto seize and hold without first obtaining a search warrant, anyintoxicating liquor, still, doubler, worm, worm tub, mash, mashtub, fermenting tub, vessel, fixture or equipment, or any part orparts thereof, which he may find in use or fit for use in theunlawful manufacture of intoxicating liquor and to report sameimmediately to the prosecuting attorney of the county in whichsuch liquor, articles and equipment may be found; providedfurther, that any officer executing a search warrant as providedin this chapter shall forthwith make his return thereon to thecourt issuing said search warrant of the manner and date of hisexecution thereof, showing what, if anything, was seized and heldby such search, together with the name of the owner or owners, ifknown, of the things seized, and if not known, then the name ornames of the person or persons appearing to be in charge orcontrol thereof, and shall attach to said return as a partthereof an accurate list or inventory of the article and thingsso seized and in case of the seizure of any such articles, thingsor equipment, or intoxicating liquor which said officer may havefound in use or fit for use without the aid of a search warrantas herein provided, he shall immediately file a list of thethings so seized with the prosecuting attorney of the county inwhich the same were found, and shall hold the things so seizedfor disposition in accordance with the provisions of this law;and provided further, that all such articles, products and thingsdeclared in this section to be contraband, and which shall beseized by any officer and which shall be of such perishablenature as not to be susceptible of preservation until thedetermination of any prosecution arising out of seizure, shall besold or otherwise disposed of as provided in this chapter by anorder of the court issuing such search warrant, and the proceedsof such sale shall be held and applied as in this law providing.
Search warrants, how issued--search andseizure--procedure--arrests--disposition of perishable products.
311.810. 1. The attorney general of the state of Missouriat the direction of the governor, or the prosecuting attorney ofany county, or the supervisor of liquor control, or any assistantdeputy or inspector appointed by the supervisor of liquorcontrol, is hereby empowered to file in the circuit court anapplication for a search warrant, which application shall bepresented to a circuit or associate circuit judge and shall be bypetition setting forth substantially the facts upon which thesame is based, describing the place to be searched and the thingor things to be seized as nearly as may be, which petition shallbe verified by the oath of the officer filing the same.
2. If it shall appear to the satisfaction of the court inwhich said petition is filed, either from the facts set forth insuch petition, if supported by the affidavit of a competentwitness to the facts set forth therein, or from evidence heardthereon, that there is probable cause to believe thatintoxicating liquor is being unlawfully manufactured, sold,stored or kept in any building, structure, motor vehicle or otherconveyance, or at any place described in such petition, withinsuch county or transported, as by the law of this state defined,contrary to the provisions of any such law, or that thereat ortherein is being used or kept any still, doubler, worm, worm tub,mash, mash tub, fermenting tub, vessel, fixture or equipment, orany part or parts thereof used or fit for use in the unlawfulmanufacture or production of intoxicating liquor, it shall be theduty of such court to issue or cause to be issued a searchwarrant thereon, directed to the sheriff or other officerauthorized by law to serve such process in this state, whichsearch warrant shall substantially recite the facts set forth insuch petition, and it shall thereupon be the duty of the officerexecuting such search warrant forthwith to enter any suchbuilding, structure, place, motor vehicle or other conveyance,either in the daytime or nighttime, by force if necessary, and toremove therefrom any intoxicating liquor, malt, mash and allgrain, grain products, fruit or fruit products found therein orthereat which have reached such a stage of fermentation as to beunfit for any use save in the unlawful manufacture ofintoxicating liquor; and to seize and remove therefrom anyintoxicating liquor, still, doubler, worm, worm tub, mash, mashtub, fermenting tub, vessel, fixture or equipment, or any part orparts thereof, used or fit for use in the unlawful manufacture ofintoxicating liquor, and all grain, grain products, sugar syrup,hops, raisins and other fruit or fruit products used or fit foruse in the unlawful manufacture of intoxicating liquor, whichhave not so fermented as to be useless for any other purpose thanin the manufacture or production of intoxicating liquor, and tohold such property until all prosecutions arising out of suchsearch and seizure shall be ended and determined. Allintoxicating liquor unlawfully manufactured, stored, kept, sold,transported or otherwise disposed of, and the containers thereofand all equipment used or fit for use in the manufacture orproduction of the same, including all grain or other materialsused, in the unlawful manufacture of intoxicating liquor, andwhich are found at or about any still or outfit for the unlawfulmaking or manufacture of intoxicating liquor, are hereby declaredcontraband, and no right of property shall be or exist in anyperson or persons, firm, or corporation owning, furnishing orpossessing any such property, liquor, material or equipment; butall such intoxicating liquors, property, articles and things,shall be sold upon an order of the court and in the mannerprovided in this chapter and the proceeds thereof shall beapplied on the payment of any fine and costs lawfully assessedagainst any person or persons convicted of the unlawfulmanufacture, production, transportation, sale, gift, storing, orpossession of intoxicating liquor, or for any other unlawfuldisposition thereof in any such building, structure, motorvehicle or other conveyance, at any such place or on the premisesthereof, or applied on the payment of any fine or costs of anyperson so convicted of keeping therein or thereat any still,doubler, worm, worm tub, mash, mash tub, fermenting tub, vessel,fixture or equipment, or any part or parts thereof used or fitfor use in the unlawful manufacture or production of intoxicatingliquor, contrary to the provisions of this chapter, and all suchproperty shall likewise be liable for the costs of making anysearch and seizure in case no person or persons shall be found incharge or control of any such property or claiming the same;provided, that all persons engaged in the work of unlawfullymanufacturing intoxicating liquors in any building, structure,motor vehicle or other conveyance, or at any place as defined inthis chapter, or of keeping, storing or selling intoxicatingliquor in violation of this law or of any of the laws of thisstate, or assisting in any way in such unlawful manufacture,production, keeping, storing, selling or transporting same, andall persons in possession or control, whether owners or not, ofany still, doubler, worm, worm tub, mash, mash tub, fermentingtub, vessel, fixture or equipment used or fit for use in theunlawful manufacture or production of intoxicating liquor, or inpossession or control of any grain, grain products, syrup, sugar,hops, raisins, or other fruit or fruit products, being used inthe unlawful manufacture or unlawful production of intoxicatingliquor, shall be deemed equally guilty of a violation of thislaw; provided further, that nothing in this chapter shall be soconstrued as to prevent any officer whose duty it is to makearrests from arresting, with or without warrant, any person orpersons found violating any of the provisions of this law or fromseizing or holding, as the case may be, any of the intoxicatingliquor so found, including any liquor in process of fermentationor distillation, or any of the equipment, articles or materials,being in use or fit for use, in the process of unlawfullymanufacturing intoxicating liquor as herein specified; however,in the case of a misdemeanor or a violation of a municipal orcounty ordinance, no physical arrest shall be made of anylicensee who was not on the licensed premises at the time theviolation occurred but a summons for later appearance may beissued. It is hereby expressly made the duty of the sheriffs andtheir deputies within their respective counties, and of marshals,chiefs of police and policemen in cities, towns and villages, andof all other officials whose duty it is or shall be to makearrests, to diligently suppress any violation of this law, and tothis end such officers are hereby authorized and directed toarrest, with or without a warrant, any person or persons foundviolating any such provisions; and, if arrested without awarrant, then such officer shall immediately report the same tothe prosecuting attorney of the county, and file the necessarycomplaint thereon. It shall be equally the duty of any officerto seize and hold without first obtaining a search warrant, anyintoxicating liquor, still, doubler, worm, worm tub, mash, mashtub, fermenting tub, vessel, fixture or equipment, or any part orparts thereof, which he may find in use or fit for use in theunlawful manufacture of intoxicating liquor and to report sameimmediately to the prosecuting attorney of the county in whichsuch liquor, articles and equipment may be found; providedfurther, that any officer executing a search warrant as providedin this chapter shall forthwith make his return thereon to thecourt issuing said search warrant of the manner and date of hisexecution thereof, showing what, if anything, was seized and heldby such search, together with the name of the owner or owners, ifknown, of the things seized, and if not known, then the name ornames of the person or persons appearing to be in charge orcontrol thereof, and shall attach to said return as a partthereof an accurate list or inventory of the article and thingsso seized and in case of the seizure of any such articles, thingsor equipment, or intoxicating liquor which said officer may havefound in use or fit for use without the aid of a search warrantas herein provided, he shall immediately file a list of thethings so seized with the prosecuting attorney of the county inwhich the same were found, and shall hold the things so seizedfor disposition in accordance with the provisions of this law;and provided further, that all such articles, products and thingsdeclared in this section to be contraband, and which shall beseized by any officer and which shall be of such perishablenature as not to be susceptible of preservation until thedetermination of any prosecution arising out of seizure, shall besold or otherwise disposed of as provided in this chapter by anorder of the court issuing such search warrant, and the proceedsof such sale shall be held and applied as in this law providing.
