63-2513
Contraband articles
Any unstamped cigarettes held, owned, possessed or in control of any person
for a period of time longer than necessary to affix Idaho stamps, are
hereby declared to be contraband goods, except as authorized under subsection
(b) of section 63-2512, Idaho Code , and may be seized by the state tax
commission, or an employee of the state tax commission, or any peace officer,
when directed by the state tax commission, without a warrant. Any vehicle,
not a common carrier operating in interstate commerce, used in violating
this act, shall likewise be subject to confiscation. Said cigarettes or
vehicles seized shall be offered for sale. Fifteen (15) days' notice of
the sale shall be given; net proceeds from the sale shall be deposited
in the general fund. The state tax commission shall require the purchaser
at the sale to affix the proper amount of tax stamps to cigarette packages.