18-U.S.C.-3113
§3113 – Liquor Violations In Indian Country
Pathway
Title 18 > Part II > Chapter 205 > Section 3113
Details
- Reference: Section 3113
- Legend: §3113 – Liquor Violations In Indian Country
- USCode Year: 2013
Provision Content
If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.
Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army.
(June 25, 1948, ch. 645, 62 Stat. 820; Oct. 31, 1951, ch. 655, §30, 65 Stat. 721; Pub. L. 103–322, title XXXIII, §330004(15), Sept. 13, 1994, 108 Stat. 2142.)
Historical and Revision Notes
Based on sections 246, 248, 252 of title 25, U.S.C., 1940 ed., Indians (R.S. §2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May 18, 1916, ch. 125, §1, 39 Stat. 124).
Said sections 246, 248, and 252 were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25, U.S.C., 1940 ed., Indians, and notes thereunder.
Words except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes were inserted. See revisers note under section 1154 of this title.
Words conveyances and packages were substituted for the enumeration, boats, teams, wagons and sleds * * * and goods, packages and peltries.
Minor changes were made in phraseology.
Amendments
1994—Pub. L. 103–322 struck out last par. which read as follows: In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses.
1951—Act Oct. 31, 1951, substituted Department of the Army for War Department in second par.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3113 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3113, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
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