235 ILCS 5/10-10
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article X - Violations, Penalties, Searches And Seizures

(235 ILCS 5/10-10) (from Ch. 43, par. 192)Sec. 10-10.         Upon the issuance of any such search warrant,  it shall be the duty  of the officers executing the same to forthwith enter the house, building,  premises, boat, vehicle, receptacle or other place therein described,  either in the day time or night time, by force, if necessary, and to remove  therefrom and confiscate any alcoholic liquor manufactured, possessed or  kept for sale, contrary to the terms of this Act, and any machinery,  equipment or material used in connection therewith, and to hold such  property until all prosecution arising out of said search and seizure shall  have ended and determined, and it shall be the duty of the officers  executing such search warrant to arrest any person or persons found using  or in possession or control of such alcoholic liquor, articles or things.  All alcoholic liquor unlawfully manufactured, stored, kept, sold or  otherwise disposed of, and the containers thereof, and all equipment used  or fit for use in the manufacture or production of the same which are found  at or about any still or outfit for the unlawful manufacture of alcoholic  liquor on unlicensed premises are hereby declared contraband, and no right  of property shall be or exist in any person owning, furnishing or  possessing any such property, liquor, material or equipment, but all such  property, articles and things, including alcoholic liquor, shall be sold  upon an order of the court, in the manner hereinbefore provided, and the  proceeds thereof shall be disposed of in the manner herein provided for the  disposition of license fees paid to the State Commission; provided that  nothing shall be construed to prevent any officer whose duty it is to make  arrests from arresting, with or without a warrant, any person or persons  found violating any of the provisions of this Act; provided further, that  any officer executing a search warrant shall forthwith make his return  thereof to the court or officer issuing said search warrant of the manner  and date of his execution thereof, showing what, if anything, was seized  and held by said search, together with the name of the owner or owners, if  known, and shall attach to said return an accurate list or inventory of the  articles and things so seized.It shall be the duty of the officer who has seized and is holding any of  the property mentioned in this section, to make application to the court on  final determination of any prosecution arising under said search and  seizure, and in which such prosecution shall have been commenced or  prosecuted for an order to sell such property, and the court, if satisfied  that the property so seized and held was, at the time of its seizure, being  kept or used, or was fit for use in the unlawful manufacture or production  of alcoholic liquor, then the court shall make an order that said property  and effects be sold by such officer and shall fix the time, place, manner  and notice of such sale, and the proceeds of such sale shall be paid over  to the State Commission; provided, however, that nothing contained in this  Act shall be considered to authorize the sale of any alcoholic liquor  unlawfully manufactured fit for human consumption which comes into the  possession of any officer by seizure, confiscation or forfeiture under the  provisions of this Act without the payment of all taxes required by the  laws of this State and of the United States; provided, further that all  such unlawfully manufactured alcoholic liquor which is unfit for human  consumption shall be destroyed.    (Source: P.A. 82-783.)