18 U.S.C. § 3113: Liquor violations in Indian…

Summary

Certain U.S. officials — the superintendent of Indian affairs, a military post commander, special agents for stopping liquor in Indian country, and their authorized deputies — may search a person’s home, vehicle, or packages if they have good reason to believe that spirits, beer, wine, or other intoxicating liquor covered by law are being brought into Indian country illegally. If liquor is found, the liquor and the containers or vehicles can be seized, taken to court, and forfeited, with half the value going to the informer and half to the United States. If the person is a licensed trader, their license can be revoked and their bond sued. Authorized U.S. personnel or any Indian may also take and destroy strong liquor or wine found in Indian country, except when it is kept or used for scientific, sacramental, medical, or mechanical purposes, or if it was brought in 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