Title 18 — Crimes and Criminal Procedure
Part II · Chapter 205 — Searches and Seizures
§ 3113. Liquor violations in Indian country
Statutory text
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 sections 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3113
June 25, 1948, ch. 645, 62 Stat. 820
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 820Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330004(15) · 108 Stat. 1796
Struck · 18 U.S.C. § 3113
Pub. L. 103–322 struck out last par. which read as follows: “In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses.”
Source evidence
Code amendment note
Pub. L. 103–322 struck out last par. which read as follows: “In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses.”Enacted provision · exact public law section
(15) in section 3113 by striking the third paragraph;
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on sections 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 sections 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
Amendments1951–1994 · 2 rounds
1994
Pub. L. 103–322 struck out last par. which read as follows: “In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses.”
1951
Act , substituted “Department of the Army” for “War Department” in second par.
Credits
1948–1994 · 3 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 820
- 1951Oct. 31, 1951, ch. 655, § 30, 65 Stat. 721
- 1994Pub. L. 103–322, title XXXIII, § 330004(15), , 108 Stat. 2142.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 820; Oct. 31, 1951, ch. 655, § 30, 65 Stat. 721; Pub. L. 103–322, title XXXIII, § 330004(15), , 108 Stat. 2142.)