(1) When an officer or any reputable citizen files an affidavit with any Circuit or
District Judge, describing premises or a vehicle, where alcoholic beverages are sold,
disposed of or possessed in violation of this chapter, the judge shall by his warrant
cause the premises or vehicle to be searched for the detection of any alcoholic
beverages which are possessed, or kept for disposition, in violation of this chapter.
(2) Any officer receiving such a warrant shall immediately execute it on the day it is
received.
(3) If admission is not given on demand, the officers enforcing the warrant shall force
an entrance into the premises or vehicle. If the officer finds that alcoholic beverages
are being illegally sold, disposed of or possessed, he shall seize the alcoholic
beverages, arrest the keeper or person in charge of the premises, vehicle or alcoholic
beverages and carry the person arrested and the alcoholic beverages before the judge
that has issued the warrant.
(4) No search warrant as provided for in this section shall be quashed if it and the
affidavit on which it is based are sufficient on the face. If the search warrant is
quashed no property taken by virtue of it shall be ordered returned unless the person
from whose possession the property was taken both alleges and proves that he was
in lawful possession of the property.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 221, effective January
2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 2554c-34.
Notes of Decisions
Cited in
12
cases, 1948–1971 · leading case:
Hay v. Commonwealth, 432 S.W.2d 641 (Ky. Ct. App. 1968).
Hay v. Commonwealth, 432 S.W.2d 641 (Ky. Ct. App. 1968).
· cites it 3× “KRS 242.370 authorized the issuance of the warrant “When an officer or any reputable citizen files an affidavit * * * RCr 13.”
Commonwealth ex rel. City of Paintsville v. Melvin, 256 S.W.2d 513 (Ky. Ct. App. 1953).
“Although less formality is required of a warrant of arrest than in the case of an indictment, the general objects of both are: (1) to furnish the accused with such a description of the charge against him as will enable him to prepare his defense and avail himself of his…”
Duff v. Commonwealth, 464 S.W.2d 264 (Ky. Ct. App. 1971).
“KRS 242.370(1) requires that the affiant must be a “reputable citizen” before a search warrant shall be issued in local-option cases.”
House v. Commonwealth, 466 S.W.2d 949 (Ky. Ct. App. 1971).
“On the appellant’s motion to suppress the search warrant by which the incriminating evidence was obtained it was shown without contradiction that the signer of the supporting affidavit was not a “reputable citizen,” as required by KRS 242.370(1). A similar point was raised in…”
Wells v. Commonwealth, 329 S.W.2d 210 (Ky. Ct. App. 1959).
· cites it 2× “The method of obtaining a search warrant for a violation of Chapter 242, Kentucky Revised Statutes, dealing with violations of the local option law, is set forth in KRS 242.370 as follows: “Search and seizure.”
Owsley v. Commonwealth, 428 S.W.2d 199 (Ky. Ct. App. 1968).
· cites it 4× “Appellant and appellee both overlooked KRS 242.370, which provides: “When an officer or or any reputable citizen files an affidavit with any circuit judge, county judge, police judge or justice of the peace, describing premises or a vehicle, where alcoholic beverages are sold,…”
Albertson v. Commonwealth, 214 S.W.2d 394 (Ky. Ct. App. 1948).
· cites it 2× “KRS 242.370 and" KRS 242.990. Paragraph 2 of the first section provides-that any officer receiving a search warrant shall immediately execute it on the day it is received.”
Campbell v. Blankenship, 215 S.W.2d 960 (Ky. Ct. App. 1948).
· cites it 2× “KRS 242.370 provides for the issuance of search warrants under the local option law (KRS C.”
Gross v. Metcalf, 224 S.W.2d 938 (Ky. Ct. App. 1949).
· cites it 2× “This argument is endeavored to be supported by section 46 of the Criminal Code of Practice, but Chapter 242 of KRS was enacted long after the enactment of that section of the Criminal Code of Practice, and subsection (3) of section 242.370, KRS says: “ (3) If admission is not…”
Pigg v. Commonwealth, 299 S.W.2d 796 (Ky. Ct. App. 1957).
“In support of his contention that the search warrant was unlawful, counsel contends that the issuance of the search warrant violated the provisions of Section 10 of the Constitution of Kentucky and the provisions of KRS 242.370. Subsection (1) of said statute reads as follows:…”
Spears v. Commonwealth, 399 S.W.2d 693 (Ky. Ct. App. 1966).
““(2) Any officer who violates subsection (2) of KRS 242.370 shall be fined not less than one hundred nor more than five hundred dollars.”
Parrott v. Commonwealth, 408 S.W.2d 614 (Ky. Ct. App. 1966).
“KRS 242.370(2) provides that “any officer” receiving such a warrant shall immediately execute it.”
— Ky. Rev. Stat. § 242.370(1) — 3 cases
Hay v. Commonwealth, 432 S.W.2d 641 (Ky. Ct. App. 1968).
“KRS 242.370 authorized the issuance of the warrant “When an officer or any reputable citizen files an affidavit * * * RCr 13.”
Duff v. Commonwealth, 464 S.W.2d 264 (Ky. Ct. App. 1971).
“KRS 242.370(1) requires that the affiant must be a “reputable citizen” before a search warrant shall be issued in local-option cases.”
House v. Commonwealth, 466 S.W.2d 949 (Ky. Ct. App. 1971).
“On the appellant’s motion to suppress the search warrant by which the incriminating evidence was obtained it was shown without contradiction that the signer of the supporting affidavit was not a “reputable citizen,” as required by KRS 242.370(1). A similar point was raised in…”
— Ky. Rev. Stat. § 242.370(2) — 1 case
Parrott v. Commonwealth, 408 S.W.2d 614 (Ky. Ct. App. 1966).
“KRS 242.370(2) provides that “any officer” receiving such a warrant shall immediately execute it.”
— Ky. Rev. Stat. § 242.370(4) — 1 case
Commonwealth ex rel. City of Paintsville v. Melvin, 256 S.W.2d 513 (Ky. Ct. App. 1953).
“Although less formality is required of a warrant of arrest than in the case of an indictment, the general objects of both are: (1) to furnish the accused with such a description of the charge against him as will enable him to prepare his defense and avail himself of his…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.