The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1910-09-08
SEARCH AND SEIZURE LAW
Main Features of this Liquor Law
Published at Request of
W. {. T. u.

W. G. T. u, the Search and Seizure
Law, which was passed in 1906 is pub
lished.
The main features of the law are as
follows
Section 1. If any person makes a
sworn complaint or afiidavit before
any Mayor, Justice of the Peace,
Judge of the Common Pleas, Probate
Court, or any municipal or police
court, that he has reason to believe
that intoxicating liquors are sold, fur.
nished or given away as beverage in
violation Of any local option law in
such county, such magistrate or
Judge shall issue his warrant directed
to any officer whom the complaint
may designate having power to serve
criminal process commanding him to
search the premises described and de-
signated in such complaint and war
rant and II such liquors are there
found, to seize the same with the YES
sells in which they are contained and
all the implements and furniture used
or kept for such illegal selling, fur.
nishing or giving away of intoxica-
ting liquors, and then safely keep and
make immediate return on said war
rant. Such liquors, furniture and Inn
plements used for such sale shall be
held subject to the order Of the court
or magistrate to be used as evidence
in the prosecution Of any case for the
violation Of any local option law or
any ordinance prohibiting the sale of
Intoxicating liquor as a beverage
throughout the district, municipality,
township or county where seized.
Section When such intoxicating
liquor or implements, vessels or fur
niture used for the sale, furnishing or
giving away of intoxicating liquors as
a beverage are seized as herein before
provided, the officers serving the war
rant shall forthwith file an affidavit
charging the violation of the local op-
tion law which the evidence in the
case justifies. If such officer refuses,
or neglects TO file the afiidavit, then
the person filing the affidavit for
search warrant or any other person
may file such affidavit, but nothing
herein contained shall prevent any
person or officer filing such affidavit
before the search warrant is issued or
served and all intoxicating liquors,
vessels, furniture and implements
seized may be used as evidence at the
trial or hearing based upon such affi-
davit or complaint charging the viola
tion of any local option law prohibit
ing the sale of intoxicating liquor as
beverage
Section 3. No warrant for search !
shall be issued until there has been
filed with the magistrate an affidavit
particularly describing the house or
place to be searched, the things to be
searched for, and alleging substan-
TALLY the offense in relation thereto
and that the afliant believes and has
good cause to believe that such liquor
is there concealed. The warrant for
search shall be directed to the proper
officer and shall show by copy of the
affidavit inserted therein or annexed |
and referred TO, or recite, all of the
material facts alleged in the affidavit
and particularly describe the thing to
be searched for and the place to be
searched.
Then follows a form of the war
rant
Section 4. If fluids be poured out
or otherwise destroyed by tenant, as
sistant or other person when the
premises are searched or to be search
ed manifestly for the purpose of pre-.
venting their seizure by officers, au-
thoriZed to make such search and |
seizure, said fluids shall be held to be
intoxicating liquor and intended for
sale.
Section 5 provides that dealers must |
remove all liquors from "dry" terri !
tory within thirty days from the time
an election is held or pay a fine Of
from $50 to 5000.
Section 8 provides that when seiz-
ure of liquors is made the officer shall
make statement setting forth their
seizure and their place Of detention.
Upon final judgment in the case the
liquors shall be returned TO their law
full owner.
Section 7. II no one is found in the
place when the seizure is made, the
officer shall post copy Of the war
rant in a conspicuous place on said
building. The magistrate SHALL fix a
time for hearing and If no one APP
pears then or within thirty days
thereafter to claim the liquors, the
magistrate shall order them to be de-
stroyed.
Section 8. No warrant shall be is
sued. to search private residence oc-
cupied as such, unless it or some part