(A) The following property shall be considered to be contraband:
(1) Any apparatus commonly used or intended to be used in the manufacture of alcoholic beverages and not registered in the office of a collector of internal revenue for the United States. The burden of proof that the apparatus is properly registered shall be on the defendant.
(2) Any material, equipment, implements, devices, firearms, and other property used or intended for use directly and immediately in connection with the unlawful traffic in alcoholic beverages.
(3) Any alcoholic beverages in the possession of anyone not entitled by law to possess them.
(4) Any alcoholic beverages in a container of a size prohibited by law or prohibited to the particular party in whose possession they are found.
(5) Any vehicle, watercraft, or aircraft in which any person is illegally possessing or transporting alcoholic beverages. “ILLEGALLY POSSESSING” means and includes the holding of any alcoholic beverages unless lawfully acquired and intended for lawful uses. (KRS 244.180)
(B) Any peace officer may, upon probable cause and without warrant, seize contraband and hold it subject to the order of the court before which the owner or one in possession of the contraband has been charged with violation of § 114.15 of this chapter or of KRS Chapter 242 or KRS 243.020. Upon conviction of the defendant, the court shall enter an order for the destruction of all contraband property, except firearms or ammunition, included in KRS 244.180(1) - (5). Contraband firearms and ammunition shall be transferred to the Kentucky State Police for disposition as provided in KRS 500.090.
(Ord. 16-1968, passed 4-22-68)
Statutory Reference:
Destruction of property, KRS 244.190