Sec. 490(12). Ardent spirits and containers—contraband—seizure—forfeiture—search
warrants—penalty
for false complaints.
All ardent spirits and containers in which ardent spirits are
manufactured, kept, stored, possessed, sold or in any manner
used in violation of the provisions of this section shall be deemed
contraband and shall be forfeited to the City, provided the provisions
of this section shall have no application to ardent spirits
stored in a bona fide home prior to November 1, 1916, or to ardent
spirits acquired in accordance with the provisions of section
4675(12) of the Code of Virginia of 1919, and amendments
thereof, so long as the same shall not be used in violation of the
provisions of this section.
If there be complaint on oath that ardent spirits are being
manufactured, sold, kept, stored, or in any manner held, used or
concealed in a particular home, or other place, in violation of
law, the Justice of the Peace, Civil and Police Justice, or Judge
of the Corporation Court of the City of Charlottesville, to whom
complaint is made, if satisfied that there is a reasonable cause
for such belief, shall issue a warrant to search such house or
other place for the ardent spirits, provided, that no such warrant
shall issue unless and until the provisions of Virginia Code of
1919, Chapter 184 and amendments thereto and section 4822(a)
have been complied with.
Every search warrant shall be directed to an officer charged
with the enforcement of this section and shall command him to
search the place designated, either in day or night, and seize such
ardent spirits and their containers and other articles used in violation
of law, and bring the same and the person in whose possession
they are found before the Civil and Police Justice of the
City, and to make return of said warrant showing all acts and
things done thereunder, with a particular statement of things
seized and the name of the person in whose possession they were
found, if any, and if no person be found in possession of said
articles, the return shall so state.
Upon the return of the warrant as provided in this subsection,
the said Civil and Police Justice shall fix a time not less than ten
days and not more than thirty days thereafter, for the hearing
of said return, when he shall proceed to hear and determine
whether or not the articles so seized, or any part thereof, were
used or in any manner kept, stored or possessed in violation of
the provisions of this section. At such hearing if no claimant
shall appear, the Civil and Police Justice shall declare the articles
seized forfeited to the City, and if such articles be not necessary
as evidence in any pending prosecution, they shall be
disposed of according to law. At such hearing any person
claiming any interest in any of the articles seized may appear
and file a written claim setting forth particularly the character
and extent of his interest, whereupon, if the trial be before the
Civil and Police Justice, he shall forthwith certify the warrant
and the articles seized along with the claims filed to the Corporation
Court, which Court shall docket the case, but any prosecution
pending against any person for a violation of this section in
relation to said ardent spirits shall have precedence on the docket
of such Court. Thereupon, the Court shall hear and determine
the validity of such claim. But upon such hearing the affidavit
upon which the search warrant was issued and the possession of
such ardent spirits shall constitute prima facie evidence of the
contraband character of the liquor and articles seized, and the
burden shall rest upon the claimant to show, by competent evidence,
his property right or interest in the articles claimed, and
that the same were not kept, stored or possessed, or in any manner
used in violation of any of the provisions of this section. If,
upon such hearing, the evidence warrants, the Court shall thereupon
enter a judgment of forfeiture and order the articles so
seized to be disposed of as required by law. Action under this
section and the forfeiture of any articles thereunder shall not be
a bar to any prosecution under any other provision of this section.
If any person shall knowingly and wilfully make any false complaint
under this subsection, he shall be guilty of a misdemeanor
and fined not less than $50.00 nor more than $200.00 for each
offense.
Nothing herein contained shall be construed to permit the issuance
of general warrants whereby an officer may be commanded
to search suspected places without evidence of an act
committed, or to seize any person or persons not named; or
whose offense is not particularly described and supported by evidence.
