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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 7 : Alcoholic Beverages, Cannabis, and Tobacco

Chapter 019 : ENFORCEMENT

(Cite as: 7 V.S.A. § 563)
  • § 563. Search of premises without warrant

    (a) A law enforcement officer or selectboard member who has information that alcoholic beverages or alcohol is kept with intent to sell, or is sold contrary to law in any kind of public place for selling refreshments, except a dwelling house, on or near the grounds of a public occasion of any kind shall search the suspected place without a warrant.

    (b)(1) If the officer finds alcoholic beverages or alcohol upon the premises, he or she shall seize it and apprehend the keeper of the place and take him or her, without the seized alcoholic beverages or alcohol, as soon as practicable, before a judge of the Criminal Division of the Superior Court in the jurisdiction where the alcoholic beverages or alcohol is found.

    (2) The officer shall make a written complaint under oath or affirmation to the judge, setting forth the details of the finding of the alcoholic beverages or alcohol.

    (c)(1) Upon proof that the alcoholic beverages or alcohol were found in the possession of the accused in a public place, with intent to sell contrary to law, the seized alcoholic beverages or alcohol shall be adjudged forfeited and disposed of by order of the court, as provided in this chapter.

    (2) The owner or keeper shall be proceeded against pursuant to this chapter for keeping the alcoholic beverages or alcohol with intent to sell. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 8, eff. April 9, 1974; 2017, No. 83, § 81; 2017, No. 93 (Adj. Sess.), § 7.)