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18 U.S.C. § 3113 — Liquor violations in Indian country
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3113-liquor-violations-in-indian-country--0957a3d6f6.md
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Source location: Title 18, Chapter 205, § 3113; chapter-205-searches-and-seizures.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever sells, gives away, disposes of, exchanges, or barters any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, except for scientific, sacramental, medicinal or mechanical purposes, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom an allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian who is a ward of the Government under charge of any Indian superintendent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and whoever introduces or attempts to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, shall, for the first offense, be fined under this title or imprisoned not more than one year, or both; and, for each subsequent offense, be fined under this title or imprisoned not more than five years, or both.
**(b)** It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the Department of the Army or any officer duly authorized thereunto by the Department of the Army, but this subsection shall not bar the prosecution of any officer, soldier, sutler or storekeeper, attaché, or employee of the Army of the United States who barters, donates, or furnishes in any manner whatsoever liquors, beer, or any intoxicating beverage whatsoever
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 241, R.S. § 2139; acts Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; June 15, 1938, ch. 435, § 1, 52 Stat. 696, related to sale of intoxicating liquor. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure.
Section 241a, act Mar. 1, 1895, ch. 145, § 8, 28 Stat. 697, related to punishment for sale of intoxicating liquors. See [section 1155 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1155&num=0&edition=prelim).
Section 242, acts Mar. 2, 1917, ch. 146, § 17, 39 Stat. 983; June 13, 1932, ch. 245, 47 Stat. 302, related to manufacture and sale of alcohol in Osage County, Oklahoma. See [section 1154 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1154&num=0&edition=prelim).
Section 243, R.S. § 2139, act July 23, 1892, ch. 234, 27 Stat. 261, related to complaints, arrests, and convictions. See [section 3041 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim), and rule 5 of Title 18, Appendix.
Section 244, acts May 25, 1918, ch. 86, § 1, 40 Stat. 563; June 30, 1919, ch. 4, § 1, 41 Stat. 4, related to possession of intoxicating liquor in Indian country. See [section 1156 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1156&num=0&edition=prelim).
Section 244a, act Mar. 5, 1934, ch. 43, 48 Stat. 396, related to repeal of certain liquor laws affecting former Indian Territory now a part of Oklahoma. See sections 1154 to 1156 of Title 18.
Section 245, act May 18, 1916, ch. 125, § 1, 39 Stat. 124, related to possession of intoxicating liquor as prima facie evidence of unlawful production. See sections 3113 and 3488
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act May 18, 1916, ch. 125, § 1, 39 Stat. 124, related to application of former sections 246 and 251 of this title to search and seizure and setting up a distillery. See [section 3113 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3113&num=0&edition=prelim), Crimes and Criminal Procedure.
#### Effective Date of Repeal
Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862.
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Federal law — U.S. Code and appendices · legal_authorities
Page 708
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3104
Subsec. (b)(3). Pub. L. 109–177, § 114(a)(1), added par. (3)
and struck out former par. (3) which read as follows:
‘‘the warrant provides for the giving of such notice
within a reasonable period of its execution, which pe-
riod may thereafter be extended by the court for good
cause shown.’’
Subsecs. (c), (d). Pub. L. 109–177, § 114(a)(2), (c), added
subsecs. (c) and (d).
2001—Pub. L. 107–56 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
§ 3104. Issuance of search warrant; contents—
(Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Issuance of search warrant on affidavit; contents to
identify persons or place; command to search forth-
with, Rule 41(c).
(June 25, 1948, ch. 645, 62 Stat. 819.)
§ 3105. Persons authorized to serve search war-
rant
A search warrant may in all cases be served by
any of the officers mentioned in its direction or
by an officer authorized by law to serve such
warrant, but by no other person, except in aid of
the officer on his requiring it, he being present
and acting in its execution.
(June 25, 1948, ch. 645, 62 Stat. 819.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 617 (June 15, 1917,
ch. 30, title XI, § 7, 40 Stat. 229).
Minor change was made in phraseology.
§ 3106. Officer authorized to serve search war-
rant—(Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Officer to whom search warrant shall be directed,
Rule 41(c).
(June 25, 1948, ch. 645, 62 Stat. 819.)
§ 3107. Service of warrants and seizures by Fed-
eral Bureau of Investigation
The Director, Associate Director, Assistant to
the Director, Assistant Directors, agents, and
inspectors of the Federal Bureau of Investiga-
tion of the Department
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