Okla. Stat. tit. 37A, § 37A-6-127: Purpose of issuing search warrants – Forfeiture

A. A search warrant may be issued pursuant to the provisions of

Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as

amended, for the purpose of:

1. Searching for, seizing, destroying or holding any alcoholic

beverages possessed, sold, transported, manufactured, kept or stored

in violation of the Oklahoma Alcoholic Beverage Control Act; or

2. Searching for and seizing any apparatus, vehicle, equipment

or instrumentality used for, or intended for use in, manufacturing

or transporting any alcoholic beverage in violation of the Oklahoma

Alcoholic Beverage Control Act.

All such property shall be forfeited to the State of Oklahoma.

This section shall not be construed to require a search warrant for

duly authorized employees of the ABLE Commission to enter upon and

inspect any licensed premises, but such right of entry and

inspection shall be a condition on which every license shall be

issued and the application for, and acceptance of, any license

hereunder shall conclusively be deemed to be consent of the

applicant and licensee to such entry and inspection.

B. Any alcoholic beverages upon which the appropriate federal

excise tax has not been paid at the time of seizure under this

section shall be destroyed by the sheriff who seized the same or to

whom the same has been delivered in accordance with the provisions

of Section 1261 of Title 22 of the Oklahoma Statutes, as amended,

after the same is no longer needed as evidence in any criminal

prosecution. All other property, including alcoholic beverages upon

which the appropriate federal excise tax has been paid, seized under

this section, shall be forfeited to the State of Oklahoma by order

of the court issuing the process by virtue of which such property

was seized, or before which the persons violating the law, or to

which such property was taken by the officer or officers making the

seizure. The court shall, without a jury, order an immediate

hearing as to whether the property so seized was subject to seizure

under this section, and take such legal evidence as is offered, and

determine the same as in civil cases. If the court finds from a

preponderance of the evidence that the property so seized was

subject to seizure under this section, it shall render judgment

accordingly and order the property forfeited to the State of

Oklahoma unless seized by county or municipal law enforcement

officers, in which case the property shall be forfeited to the

county or municipality, whichever is appropriate, in which the

seizure of the property took place. Such seized property shall be

sold by the officer having the same in charge, after giving ten-

days' notice by one publication in a legal newspaper of the county

or, if no legal newspaper is published in the county, after five

notices of such sale have been posted in conspicuous places in the

city or town wherein such sale is to be made, at least ten (10) days

before such sale. Appeal from such an order may be taken as in

civil cases. When such property is sold under the provisions of

this section, the proceeds thereof shall be distributed as follows:

first, to the payment of the costs of the case in which the order of

forfeiture was made and the actual expenses of preserving the

property; and second, the remainder to be deposited with the county

or municipal treasurer of the county or municipality in which the

seizure took place if the property was seized by county or municipal

law enforcement officials or with the State Treasurer to the credit

of the General Revenue Fund of the State of Oklahoma in all other

cases.