Tennessee § 57-9-107 - Sheriff to keep intoxicants until otherwise ordered by court.

§ 57-9-107. Sheriff to keep intoxicants until otherwise ordered by court.

The sheriff shall safely keep in possession all intoxicating liquors, either taken by the sheriff as provided in § 57-9-103 or delivered to the sheriff as provided in § 57-9-106 until ordered to dispose of same by the court as hereinafter provided. Acts 1919, ch. 50, § 4; Shan. Supp., § 6798a19b4; Code 1932, § 11227; T.C.A. (orig. ed.), § 57-608. Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 28. NOTES TO DECISIONS 1. Duty of Sheriff. 2. Disposition of Liquor. 1. Duty of Sheriff. It is the duty of a sheriff to deliver liquors seized by the sheriff to the department of finance and taxation (now department of revenue) only when the sheriff is acting as agent or representative of that department. Casone v. State, 176 Tenn. 279, 140 S.W.2d 1081, 1939 Tenn. LEXIS 122 (1940). 2. Disposition of Liquor. Where the sheriff seizes liquor under the authority as a police officer and not as an agent or representative of the commissioner of finance and taxation (now commissioner of revenue) such liquors remain in the sheriff's custody until it is determined by the court whether or not they were legally in the possession of the person from whom they were seized; and if at that time they are found to be contraband goods the court might then properly entertain an application by the commissioner to possess the goods and sell them for the benefit of the treasury. Casone v. State, 176 Tenn. 279, 140 S.W.2d 1081, 1939 Tenn. LEXIS 122 (1940).