§ 3113. — Liquor violations in Indian country.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3113]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 205--SEARCHES AND SEIZURES
Sec. 3113. Liquor violations in Indian country
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, Sec. 30,
65 Stat. 721; Pub. L. 103-322, title XXXIII, Sec. 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. Sec. 2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May 18,
1916, ch. 125, Sec. 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 reviser's 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.
Section Referred to in Other Sections
This section is referred to in sections 1161, 3670 of this title.
