Our constable busted a bootlegger (dry county)with a Caddy full of booze and $9,100 in cash. We can forfeit the car and booze under ABC 103, but that statute doesn't seem to contemplate the forfeiture of anything else. And it doesn't seem like we can get anywhere under Chapter 59 CCP. Do we really have to give the money back?!?

Of course the $ may be evidence in the trial - so be safe and give the D a receipt for his $. You probably cannot deposit the funds in an account and earn the D any interest, since the funds that would later be withdrawn would be different bills, etc. So keep the $ as evidence (useful to address claims of a legitimate business, accident, mistake, etc.).

Sounds like this could be material for your next "Texas Music" song Robert; being that you have to give the money back, might I suggest a blues genre.

What about TABC Section 103.17? To me, this refers to money or other items seized. And, TABC Section 103.23 talks about the split of the proceeds. However, I have been told by representatives of the Commission that only applies to them and if the State seizes, we use the regular split we have with the agency. I haven't been able to confirm that with anyone yet.