Nebraska Statutes 53-1,108. Search warrants issued on complaint; form
Whenever complaint is made in writing, verified by affidavit, to any judge of any court having cognizance of criminal offenses, that complainant has just and reasonable grounds to believe and does believe that alcoholic liquor is manufactured, possessed, kept for sale, used, or transported in violation of the Nebraska Liquor Control Act, or any mash, still, or other property designed for the manufacture of alcoholic liquor is possessed in any premises which are not licensed under the act, particularly describing and designating such property in such complaint, the judge may issue a search warrant. No search warrant shall be necessary for the inspection or search of any premises licensed under the act. The property seized on any such warrant shall not be taken from the officer seizing the same on any writ of replevin or other like process. Each complaint shall be substantially in the following form:
Terms Used In Nebraska Statutes 53-1,108
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alcoholic liquor: includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. See Nebraska Statutes 53-103.02
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Manufacture: means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in the Nebraska Liquor Control Act to serve drinks for consumption on the premises where sold. See Nebraska Statutes 53-103.19
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Sale: means any transfer, exchange, or barter in any manner or by any means for a consideration and includes any sale made by any person, whether principal, proprietor, agent, servant, or employee. See Nebraska Statutes 53-103.33
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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