18 U.S.C. § 3113

Liquor violations in Indian country

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If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.

Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army.

Notes of Decisions

Cited in 4 cases, 1965–2009 · leading case: Warren Trading Post Co. v. Arizona Tax Commission

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Warren Trading Post Co. v. Arizona Tax Commission (1965) scotus “) (establishing penalties for trading without a license and forbidding traders to hire white persons as clerks unless licensed to do so); 18 U. S. C. § 3113 (1958 ed.) (forbidding unlawful introduction of liquor into Indian country and providing for revocation of the license of…”

Deary v. Evans (1983) vid “5 Bank robbery is an offense under both the federal laws, 18 U.S.C. § 3113 , and under the Virgin Islands laws, 14 V.”

New York State Department of Taxation & Finance v. St. Regis Group (1994) nysupct “The retention of Federal jurisdiction is further evidenced by the existence of 18 USC §§ 3113 , 3488, 3668-3670 which authorize Federal authorities to seize or commence forfeiture proceedings resulting from violations of Federal Indian liquor laws ( 18 USC § 1161 ).”

United States v. Williams (2009) vaed “” 18 U.S.C. § 3113 . Section 3118, on the other hand, contains no references to a court proceeding for violations of it.”

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