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OF\‘ICE OF THE ATTORNEY GENERAL OF TEXAS
4110YllR
SLLLLRS AUSTIN
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yonorable M. H. Crunk, paSe 8
rho follovInS his arrest Is surrendered to .the mIlIte&y au-
thorIties; and subjected to trial by a .mIlItary court. See
gctions 20 and 3o of the Texas Liquor Control Act (Arts.
&XQ and 666-30, Vernonls Annotated Penal Code, Texas). -.
)‘e ,fInd nothIng .InconsIstent. with such practice. If the
errInS aoldler Is proceeded against by the mllitarg author-
Itles, and resists the ens.,a against him, the civilian officer
OFOfPICer~Smaking the arrest and seizure vould be almost .
pcceasarg witnesses, and If necessary could display to th’c
nllltaiy CoLtnt or authoritg the seized alcoholic’beverage
in question. Amonp,other provIsIons of Section 20 of the
Liquor Act, supra, IY the direction that upon aeisure by
search varrant, ‘All ziti~h a.lcoholIc beverages and articles
&all -be seIzed.by the officer ozecuting the varrant and
!: shall not be taken .fron the custody of any officer by writ
t 6f rcplevin nor eny .o.ther process, but shall be .held by such
Officer to await final jndgment In the proceedings.”
.SoctIon 30 of ‘the Act requires all contraband lIq-
uom seized bY peace officers 07 ngonts of the Liquor Control
Board (without~ or with warrant) “to be turned over to,elther
. : the sheriff of the county In vhioh such seizure is made or .to
any authorized representative or' agent of the Board.”
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Our advise,, therefore, Is to, surrender-custody of
the men In militarY scrvIce, upon proper ahowIng and .dcmsnd
aa outlined above, but to retain the IllIcIt liquor and bevery
ages seieed, for dIspoSItIOn as provided~by our statutes.’
fhe foregoing Ia based upon the csw.VptlOn tl& YOU
are ooncorned with Illegal transportation and possessIon,of
pi,
Into&at Ing liquors by IndIvIdual soldfer 8, and -i$eo WWI~;re
of such contkaband.from them by state officers. *
liquor beIng.transported In a legal manner thro@ Your eoun- .
~.. ty would not be subject to selzur~, and mIlItary PersOnnel
cng:aged In such Q leSa1. enterprIae ‘%ould not be subject to, . .
orrest or Interference by cIvI1 authoritIeo. Inotanoes of
this vould be l!~uors conaISned to the post oxchenSe ep ether
Eovepmcntal a@ncy at the army post YOU rnent~0n. See
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Untitled Texas Attorney General Opinion
Combined Opinion