Okla. Stat. tit. 37A, § 37A-6-127
This is the official text of Okla. Stat. tit. 37A, § 37A-6-127, part of Oklahoma’s Stat. tit. 37A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 37A,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Purpose of issuing search warrants – Forfeiture
Official statutory text
A. A search warrant may be issued pursuant to the provisions of
Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as
amended, for the purpose of:
1. Searching for, seizing, destroying or holding any alcoholic
beverages possessed, sold, transported, manufactured, kept or stored
in violation of the Oklahoma Alcoholic Beverage Control Act; or
2. Searching for and seizing any apparatus, vehicle, equipment
or instrumentality used for, or intended for use in, manufacturing
or transporting any alcoholic beverage in violation of the Oklahoma
Alcoholic Beverage Control Act.
All such property shall be forfeited to the State of Oklahoma.
This section shall not be construed to require a search warrant for
duly authorized employees of the ABLE Commission to enter upon and
inspect any licensed premises, but such right of entry and
inspection shall be a condition on which every license shall be
issued and the application for, and acceptance of, any license
hereunder shall conclusively be deemed to be consent of the
applicant and licensee to such entry and inspection.
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 203
B. Any alcoholic beverages upon which the appropriate federal
excise tax has not been paid at the time of seizure under this
section shall be destroyed by the sheriff who seized the same or to
whom the same has been delivered in accordance with the provisions
of Section 1261 of Title 22 of the Oklahoma Statutes, as amended,
after the same is no longer needed as evidence in any criminal
prosecution. All other property, including alcoholic beverages upon
which the appropriate federal excise tax has been paid, seized under
this section, shall be forfeited to the State of Oklahoma by order
of the court issuing the process by virtue of which such property
was seized, or before which the persons violating the law, or to
which such property was taken by the officer or officers making the
seizure. The court shall, without a jury, order an immediate
hearing as to whether the property so seized was subject to seizure
under this section, and take such legal evidence as is offered, and
determine the same as in civil cases. If the court finds from a
preponderance of the evidence that the property so seized was
subject to seizure under this section, it shall render judgment
accordingly and order the property forfeited to the State of
Oklahoma unless seized by county or municipal law enforcement
officers, in which case the property shall be forfeited to the
county or municipality, whichever is appropriate, in which the
seizure of the property took place. Such seized property shall be
sold by the officer having the same in charge, after giving ten-
days' notice by one publication in a legal newspaper of the county
or, if no legal newspaper is published in the county, after five
notices of such sale have been posted in conspicuous places in the
city or town wherein such sale is to be made, at least ten (10) days
before such sale. Appeal from such an order may be taken as in
civil cases. When such property is sold under the provisions of
this section, the proceeds thereof shall be distributed as follows:
first, to the payment of the costs of the case in which the order of
forfeiture was made and the actual expenses of preserving the
property; and second, the remainder to be deposited with the county
or municipal treasurer of the county or municipality in which the
seizure took place if the property was seized by county or municipal
law enforcement officials or with the State Treasurer to the credit
of the General Revenue Fund of the State of Oklahoma in all other
cases.
Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as
amended, for the purpose of:
1. Searching for, seizing, destroying or holding any alcoholic
beverages possessed, sold, transported, manufactured, kept or stored
in violation of the Oklahoma Alcoholic Beverage Control Act; or
2. Searching for and seizing any apparatus, vehicle, equipment
or instrumentality used for, or intended for use in, manufacturing
or transporting any alcoholic beverage in violation of the Oklahoma
Alcoholic Beverage Control Act.
All such property shall be forfeited to the State of Oklahoma.
This section shall not be construed to require a search warrant for
duly authorized employees of the ABLE Commission to enter upon and
inspect any licensed premises, but such right of entry and
inspection shall be a condition on which every license shall be
issued and the application for, and acceptance of, any license
hereunder shall conclusively be deemed to be consent of the
applicant and licensee to such entry and inspection.
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 203
B. Any alcoholic beverages upon which the appropriate federal
excise tax has not been paid at the time of seizure under this
section shall be destroyed by the sheriff who seized the same or to
whom the same has been delivered in accordance with the provisions
of Section 1261 of Title 22 of the Oklahoma Statutes, as amended,
after the same is no longer needed as evidence in any criminal
prosecution. All other property, including alcoholic beverages upon
which the appropriate federal excise tax has been paid, seized under
this section, shall be forfeited to the State of Oklahoma by order
of the court issuing the process by virtue of which such property
was seized, or before which the persons violating the law, or to
which such property was taken by the officer or officers making the
seizure. The court shall, without a jury, order an immediate
hearing as to whether the property so seized was subject to seizure
under this section, and take such legal evidence as is offered, and
determine the same as in civil cases. If the court finds from a
preponderance of the evidence that the property so seized was
subject to seizure under this section, it shall render judgment
accordingly and order the property forfeited to the State of
Oklahoma unless seized by county or municipal law enforcement
officers, in which case the property shall be forfeited to the
county or municipality, whichever is appropriate, in which the
seizure of the property took place. Such seized property shall be
sold by the officer having the same in charge, after giving ten-
days' notice by one publication in a legal newspaper of the county
or, if no legal newspaper is published in the county, after five
notices of such sale have been posted in conspicuous places in the
city or town wherein such sale is to be made, at least ten (10) days
before such sale. Appeal from such an order may be taken as in
civil cases. When such property is sold under the provisions of
this section, the proceeds thereof shall be distributed as follows:
first, to the payment of the costs of the case in which the order of
forfeiture was made and the actual expenses of preserving the
property; and second, the remainder to be deposited with the county
or municipal treasurer of the county or municipality in which the
seizure took place if the property was seized by county or municipal
law enforcement officials or with the State Treasurer to the credit
of the General Revenue Fund of the State of Oklahoma in all other
cases.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.