(1) When a peace officer discovers any person in dry territory in the act of illegally possessing or transporting alcoholic beverages in any vehicle, he shall at once seize the vehicle and any and all alcoholic beverages found in it and arrest any person or persons in charge thereof.
(2) Upon conviction of a person arrested under subsection (1), the court shall order the vehicle seized sold at public auction unless the owner of the vehicle proves that it was being used without his knowledge, consent or approval.
(3) The expenses of keeping and selling the vehicle and all valid recorded liens that are established by intervention at a hearing as being bona fide shall be paid out of the proceeds of the sale. The lienor must prove that the property was being used without his knowledge, consent or approval.
(4) After the satisfaction of expenses and liens, the court shall direct that the balance of the proceeds be paid to the circuit clerk, who shall transmit the balance as in the case of other forfeitures. The court shall order all sales to be made by the sheriff, who shall receive and be allowed the same fees as allowed for sales under execution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-26.
Notes of Decisions
Cited in
8
cases, 1948–1970 · leading case:
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
· cites it 2× “Upon conviction of the person so arrested, the court is authorized to order the vehicle sold (with certain exceptions not pertinent here) and the proceeds paid to the Commonwealth after payment of costs and satisfaction of all valid recorded liens on the vehicle.”
Singleton v. Commonwealth, 208 S.W.2d 325 (Ky. Ct. App. 1948).
· cites it 2× “Section 242.360, KRS, provides in part as follows: “(1) When a peace officer discovers any person in dry territory in the act of illegally possessing or transporting alcoholic beverages in any vehicle, he shall at once seize the vehicle and any and all alcoholic beverages found…”
Ritter v. Bruce, 239 S.W.2d 449 (Ky. Ct. App. 1951).
· cites it 4× “By virtue of KRS 242.360, the forfeiture of the vehicle of a person convicted of illegally transporting liquor in dry territory constitutes part of the penalty for the offense.”
Baldwin v. Commonwealth, 459 S.W.2d 135 (Ky. Ct. App. 1970).
· cites it 3× “KRS 242.360. We reverse. The jurisdiction of the quarterly court is limited by KRS 242.”
Hodge v. Sharpe, 287 S.W.2d 596 (Ky. Ct. App. 1956).
· cites it 5× “The sheriff had seized the cabs under the authority of KRS 242.360,making it his duty so to do. He held thém under this statute as well asunder the impounding order.”
Bodkins v. Commonwealth, 244 S.W.2d 745 (Ky. Ct. App. 1951).
“In addition, he was required to 'execute a peace bond not to violate the local option laws in the penal sum of $1000 with good and sufficient surety thereon; and the judgment further ordered that Bodkins’’ 1949 Dodge Four Door Sedan automobile in which the beer was seized at the…”
City of Morehead v. Commonwealth, 214 S.W.2d 610 (Ky. Ct. App. 1948).
· cites it 2× “He asked for a rule against the city to show cause why the proceeds of the confiscated automobile should not be paid to the circuit court clerk as provided in KRS 242.360, a part of the-Local-Option Statute.”
Milliken v. Timms, 336 S.W.2d 596 (Ky. Ct. App. 1960).
· cites it 2× “Therein we held that since KRS 242.360 provided •for the automatic forfeiture of a motor ■vehicle upon conviction of the person having it in charge, the forfeiture was a part •of the penalty and the value of the property must be taken into consideration in determining the…”
— Ky. Rev. Stat. § 242.360(1) — 1 case
Baldwin v. Commonwealth, 459 S.W.2d 135 (Ky. Ct. App. 1970).
“KRS 242.360. We reverse. The jurisdiction of the quarterly court is limited by KRS 242.”
— Ky. Rev. Stat. § 242.360(4) — 1 case
City of Morehead v. Commonwealth, 214 S.W.2d 610 (Ky. Ct. App. 1948).
“He asked for a rule against the city to show cause why the proceeds of the confiscated automobile should not be paid to the circuit court clerk as provided in KRS 242.360, a part of the-Local-Option Statute.”
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