§3113 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When certain federal or military officials have good reason to believe someone is illegally bringing alcoholic drinks into Indian country, they may search that person’s homes, vehicles, and packages. Those officials are the superintendent of Indian affairs; the commanding officer of a military post; the Office of Indian Affairs’ special agent for stopping liquor traffic; and their authorized deputies. If alcohol is found, it will be seized, taken to court, and split so one-half goes to the informer and one-half to the United States. If the person is a trader, their license will be revoked and their bond will be sued. Authorized U.S. personnel or Indians may destroy spirits or wine found, except liquor kept or used for scientific, sacramental, medicinal, or mechanical purposes or liquor introduced by the Department of the Army.

Title 18, §3113

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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 section 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 & Related Subsidiaries

Historical and Revision Notes

Based on section 246, 248, 252 of title 25, U.S.C., 1940 ed., Indians (R.S. § 2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May 18, 1916, ch. 125, § 1, 39 Stat. 124). Said section 246, 248, and 252 were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25, U.S.C., 1940 ed., Indians, and notes thereunder. Words “except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes” were inserted. See reviser’s note under section 1154 of this title. Words “conveyances and packages” were substituted for the enumeration, “boats, teams, wagons and sleds * * * and goods, packages and peltries.” Minor changes were made in phraseology.

Editorial Notes

Amendments

1994—Pub. L. 103–322 struck out last par. which read as follows: “In all cases arising under this section and section 1154 and 1156 of this title, Indians shall be competent witnesses.” 1951—Act Oct. 31, 1951, substituted “Department of the Army” for “War Department” in second par.

§3113 Liquor violations in Indian country