There shall be allowed the officer making the seizure under a search warrant the sum of $3.00 and also the additional sum of $2.00 for every day that such officer shall necessarily be employed in attending court for the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant, together with such reasonable sum as the court may deem just for necessary expenses incurred in transporting and providing storage for liquors and beverages and vessels and receptacles seized.
Where a warrant is issued to any peace officer to search a designated place for prohibited liquors and beverages and such officer executes such warrant and seizes such liquors or beverages, but fails to arrest any person or persons for having such prohibited liquors or beverages in his or their possession, then no fees, mileage or allowances shall be paid to anyone for any service under this article.
Where a warrant is issued to any peace officer to search a designated place for prohibited liquors or beverages and such officer executes said warrant, seizes such prohibited liquors or beverages, arrests one or more persons alleged to have had the possession of such liquors or beverages at the time of said seizure and said person is tried and acquitted of the charge or charges arising out of the possession, use or sale of said seized prohibited liquors or beverages by the court having jurisdiction of the action or the action is nol prossed by such court or withdrawn and filed, then the fees, mileage or allowances set out in this section shall be taxed and paid as in criminal prosecutions in which the state fails, upon the court or judge making an order to that effect. If, however, the arrest of one or more persons alleged to have had the possession of such liquors or beverages is made and the defendant or defendants are finally convicted, the costs or fees set out in this section shall be taxed in the bill of costs against such defendant or defendants and, if not collected from such defendant or defendants so convicted, shall be taxed and paid as in criminal prosecutions in which the state fails, upon the court or judge making an order to that effect.
Structure Code of Alabama
Title 28 - Intoxicating Liquor, Malt Beverages and Wine.
Chapter 4 - Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities.
Article 11 - Forfeiture and Condemnation of Contraband Liquors and Beverages, Etc.
Section 28-4-250 - Authorization and Procedure Generally.
Section 28-4-264 - Disposition of Property Seized by Officer Under Warrant Generally.
Section 28-4-267 - Delivery to Certain Persons and Posting of Copies of Notice.
Section 28-4-271 - Forfeiture and Condemnation Proceedings Generally - Prosecution of Action.
Section 28-4-279 - Forfeiture and Condemnation Proceedings in Circuit Courts.
Section 28-4-283 - Enforcement of Forfeiture.
Section 28-4-284 - Sale of Property and Disposition of Proceeds Therefrom.
Section 28-4-291 - Disposition of Proceeds From Sale of Such Property Forfeited to State.
Section 28-4-292 - Advertisement and Sale of Receptacles, etc., of Prohibited Liquors and Beverages.
Section 28-4-297 - Unlawful Disposition, etc., of Contraband Liquors and Beverages by Custodian.
Section 28-4-299 - Forfeiture, Sale and Distribution of Proceeds of Sale of Contraband Generally.