{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-6-127","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-6-127","heading":"Purpose of issuing search warrants – Forfeiture","body":"A. A search warrant may be issued pursuant to the provisions of\n\nSections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as\n\namended, for the purpose of:\n\n1. Searching for, seizing, destroying or holding any alcoholic\n\nbeverages possessed, sold, transported, manufactured, kept or stored\n\nin violation of the Oklahoma Alcoholic Beverage Control Act; or\n\n2. Searching for and seizing any apparatus, vehicle, equipment\n\nor instrumentality used for, or intended for use in, manufacturing\n\nor transporting any alcoholic beverage in violation of the Oklahoma\n\nAlcoholic Beverage Control Act.\n\nAll such property shall be forfeited to the State of Oklahoma.\n\nThis section shall not be construed to require a search warrant for\n\nduly authorized employees of the ABLE Commission to enter upon and\n\ninspect any licensed premises, but such right of entry and\n\ninspection shall be a condition on which every license shall be\n\nissued and the application for, and acceptance of, any license\n\nhereunder shall conclusively be deemed to be consent of the\n\napplicant and licensee to such entry and inspection.\n\nB. Any alcoholic beverages upon which the appropriate federal\n\nexcise tax has not been paid at the time of seizure under this\n\nsection shall be destroyed by the sheriff who seized the same or to\n\nwhom the same has been delivered in accordance with the provisions\n\nof Section 1261 of Title 22 of the Oklahoma Statutes, as amended,\n\nafter the same is no longer needed as evidence in any criminal\n\nprosecution. All other property, including alcoholic beverages upon\n\nwhich the appropriate federal excise tax has been paid, seized under\n\nthis section, shall be forfeited to the State of Oklahoma by order\n\nof the court issuing the process by virtue of which such property\n\nwas seized, or before which the persons violating the law, or to\n\nwhich such property was taken by the officer or officers making the\n\nseizure. The court shall, without a jury, order an immediate\n\nhearing as to whether the property so seized was subject to seizure\n\nunder this section, and take such legal evidence as is offered, and\n\ndetermine the same as in civil cases. If the court finds from a\n\npreponderance of the evidence that the property so seized was\n\nsubject to seizure under this section, it shall render judgment\n\naccordingly and order the property forfeited to the State of\n\nOklahoma unless seized by county or municipal law enforcement\n\nofficers, in which case the property shall be forfeited to the\n\ncounty or municipality, whichever is appropriate, in which the\n\nseizure of the property took place. Such seized property shall be\n\nsold by the officer having the same in charge, after giving ten-\n\ndays' notice by one publication in a legal newspaper of the county\n\nor, if no legal newspaper is published in the county, after five\n\nnotices of such sale have been posted in conspicuous places in the\n\ncity or town wherein such sale is to be made, at least ten (10) days\n\nbefore such sale. Appeal from such an order may be taken as in\n\ncivil cases. When such property is sold under the provisions of\n\nthis section, the proceeds thereof shall be distributed as follows:\n\nfirst, to the payment of the costs of the case in which the order of\n\nforfeiture was made and the actual expenses of preserving the\n\nproperty; and second, the remainder to be deposited with the county\n\nor municipal treasurer of the county or municipality in which the\n\nseizure took place if the property was seized by county or municipal\n\nlaw enforcement officials or with the State Treasurer to the credit\n\nof the General Revenue Fund of the State of Oklahoma in all other\n\ncases.","path":["OK Code","Title 37A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os37A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ace59aa0c87a83ee6790f5bdcc586bb427248644bbbc1a5f6c59fb8885cfb11e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-6-126","next":"us-ok/okla.-stat.-tit.-37a-37a-6-128"},"notice":"GroundRules: Original legal text. Not legal advice."}