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2018 Georgia Code 3-2-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 3-2-34 Case Law from Google Scholar Amendments to OCGA 3-2-34

TITLE 3 ALCOHOLIC BEVERAGES

Section 2. State Administration and Enforcement, 3-2-1 through 3-2-36.

ARTICLE 2 ENFORCEMENT

3-2-34. Disposition of contraband alcoholic beverages; seizure; destruction; sale; retention of small quantity for evidence.

  1. All alcoholic beverages upon which no taxes have been paid to this state or any other state and which are not specifically exempt from the taxes imposed by law shall be destroyed by the peace officer or agent of the commissioner seizing the beverages, except that a small quantity of the illicit alcoholic beverage may be retained for purposes of evidence in the proper court; and then the illicit alcoholic beverage shall be destroyed immediately.
  2. All contraband alcoholic beverages upon which the taxes have been paid either to this state or to any other state shall be either destroyed or sold at public sale as provided by law.

(Code 1933, § 5A-355, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 15.)

Cross references.

- Seizure and disposition as contraband of cigars and cigarettes on which taxes not paid or on which stamps do not appear, § 48-11-9.

JUDICIAL DECISIONS

Unauthorized use of confiscated beverages.

- Where a city was the owner of confiscated alcoholic beverages and no prior consent had been given to police officers to use the beverages as refreshments at a meeting, the officers who had so used the beverages were guilty of theft. Whitley v. State, 176 Ga. App. 364, 336 S.E.2d 301 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 447, 450, 452, 458 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 47, 266. 48A C.J.S., Intoxicating Liquors, §§ 366 et seq., 398, 400.

Cases Citing Georgia Code 3-2-34 From Courtlistener.com

Total Results: 6

Dillard Land Investments, LLC v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 2014-07-11

Snippet: L. 1961, p. 517 (codified as amended at OCGA §§ 32-3-4 to 32-3-20). See Windsor v. City of Atlanta, 287

Dillard Land Investments, LLC v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 2014-07-11

Citation: 295 Ga. 515, 761 S.E.2d 282, 2014 WL 3396511, 2014 Ga. LEXIS 583

Snippet: L. 1961, p. 517 (codified as amended at OCGA §§ 32-3-4 to 32-3-20). See Windsor v. City of Atlanta

Windsor v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 2010-05-17

Citation: 695 S.E.2d 576, 287 Ga. 334, 2010 Fulton County D. Rep. 1605, 2010 Ga. LEXIS 403

Snippet: and the declaration of taking method, see OCGA §§ 32-3-4 to 32-3-20. A third method—the assessor method

Swims v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 1996-09-09

Citation: 475 S.E.2d 597, 267 Ga. 94, 96 Fulton County D. Rep. 3223, 1996 Ga. LEXIS 529

Snippet: HUNSTEIN, Justice. On May 23, 1984, pursuant to OCGA § 32-3-4 et seq., the Georgia Department of Transportation

Department of Transportation v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 1989-06-23

Citation: 380 S.E.2d 265, 259 Ga. 305, 1989 Ga. LEXIS 286, 1989 WL 70142

Snippet: 327) (1985). Following the enactment of OCGA § 32-3-4 (b), Ga. Laws 1986, p. 1187, § 4, the Department

Department of Transportation v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 1985-10-08

Citation: 337 S.E.2d 327, 255 Ga. 124, 1985 Ga. LEXIS 1002

Snippet: “private property,” not public property. OCGA § 32-3-4; see also OCGA §§ 22-2-102, 22-2-130, supra. Why