The following property, even though found and seized in dry territory, is contraband:
(1) Any apparatus commonly used or intended to be used in the manufacture of alcoholic beverages and not registered in the office of a collector of internal revenue for the United States. The burden of proof that the apparatus is properly registered shall be on the defendant.
(2) Any material, equipment, implements, devices, firearms, and other property used or intended for use directly and immediately in connection with the unlawful traffic in alcoholic beverages.
(3) Any alcoholic beverages in the possession of anyone not entitled by law to possess them.
(4) Any alcoholic beverages in a container of a size prohibited by law or prohibited to the particular party in whose possession they are found.
(5) Any vehicle, watercraft, or aircraft in which any person is illegally possessing or transporting alcoholic beverages. "Illegally possessing" means and includes the holding of any alcoholic beverages unless lawfully acquired and intended for lawful uses. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 62, sec. 98, effective June 29, 2017. -- Amended 1984 Ky. Acts ch. 132, sec. 2, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-151.
Notes of Decisions
Cited in
3
cases, 1942–1972 · leading case:
Ritter v. Bruce, 239 S.W.2d 449 (Ky. Ct. App. 1951).
Ritter v. Bruce, 239 S.W.2d 449 (Ky. Ct. App. 1951).
“2d 890 , it was held that the forfeiture of a vehicle provided for under the Alcoholic Beverage Control Law, KRS 244.180 and 244.190, constituted part of the penalty for the offense of transporting alcoholic beverages without a permit, and therefore the quarterly court did not…”
Commonwealth v. Kiddy, 165 S.W.2d 969 (Ky. Ct. App. 1942).
· cites it 2× “(KRS 244.180, 244.190, 244.200), declares certain intoxicating liquor and property used in connection with it to be contraband and subject to seizure and confiscation.”
Jack Walker Trucking Serv., Inc. v. Strong, 488 S.W.2d 689 (Ky. Ct. App. 1972).
“190 provides that “contraband” (which the truck and cargo were alleged to be under KRS 244.180(3) and (7)) seized by a peace officer or ABC agent shall be held subject to the order of the court before which the owner or one in possession of the contraband has been charged with a…”
— Ky. Rev. Stat. § 244.180(3) — 1 case
Jack Walker Trucking Serv., Inc. v. Strong, 488 S.W.2d 689 (Ky. Ct. App. 1972).
“190 provides that “contraband” (which the truck and cargo were alleged to be under KRS 244.180(3) and (7)) seized by a peace officer or ABC agent shall be held subject to the order of the court before which the owner or one in possession of the contraband has been charged with a…”
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