Alabama Codes

Title 15 - Criminal Procedure

Chapter 1 - Searches And Seizures

  • Article 1 Search Warrants.
    • Section 15-5-1 "Search warrant" defined
      A "search warrant" is an order in writing in the name of the state signed by a judge, or by a magistrate authorized by ...
    • Section 15-5-2 Grounds for issuance
      A search warrant may be issued on any one of the following grounds: (1) Where the property was stolen or embezzled; (2) Where it ...
    • Section 15-5-3 Probable cause and affidavit required
      A search warrant can only be issued on probable cause, supported by an affidavit naming or describing the person and particularly describing the property ...
    • Section 15-5-4 Examination of complainant and witnesses; contents of depositions
      Before issuing a search warrant, a judge, or magistrate authorized by law to issue search warrants, must examine on oath the complainant and any ...
    • Section 15-5-5 Issuance of warrant
      If the judge or the magistrate is satisfied of the existence of the grounds of the application or that there is probable ground to ...
    • Section 15-5-6 Form
      A search warrant may be substantially in the following form:
      The State of Alabama, }To the sheriff or any constable of
    • Section 15-5-7 By whom executed
      A search warrant may be executed by any one of the officers to whom it is directed, but by no other person except in ...
    • Section 15-5-8 When executed; time of execution to be stated
      In cases in which the property to be seized does not include a controlled substance, a search warrant must be executed in the daytime ...
    • Section 15-5-9 Authority of serving officer to break into house
      To execute a search warrant, an officer may break open any door or window of a house, any part of a house or anything ...
    • Section 15-5-10 Taking of property
      (a) When a search warrant is sued out on the ground specified in subdivision (1) of Section 15-5-2, the property may be taken under ...
    • Section 15-5-11 Receipt for property taken
      When an officer takes property under a search warrant, he must give a receipt to the person from whom it was taken or in ...
    • Section 15-5-12 Warrant to be executed and returned within 10 days
      A search warrant must be executed and returned to the judge or the magistrate by whom it was issued within 10 days after its ...
    • Section 15-5-13 Contents of return; copies to be furnished
      In his return of a search warrant to the judge or the magistrate, the officer serving such must specify with particularity the property taken, ...
    • Section 15-5-14 Disposition of taken property by court if property stolen or embezzled
      When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen ...
    • Section 15-5-15 Hearing on controverted grounds; authentication of testimony as to such facts
      If the grounds on which a search warrant was issued be controverted, the judge or the magistrate must proceed to hear the testimony, which ...
    • Section 15-5-16 Restoration of taken property to defendant; property to be forwarded to court if not restored
      (a) If it appears that the property taken is not the same as that described in a search warrant or that there is no ...
    • Section 15-5-17 Searching of person charged with felony for weapon or evidence in judge's or magistrate's presence
      When a person charged with a felony is supposed by the judge or the magistrate before whom he is brought to have upon his ...
    • Section 15-5-18 Payment of fees and costs
      The complainant must pay the fees of a search warrant before he is entitled to the same, and must also pay the officer his ...
    • Section 15-5-19 Penalty for procuring maliciously and without probable cause
      Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less ...
    • Article 2 Searches, etc., of Persons in Public Places.
      • Section 15-5-30 Authority of peace officer to stop and question
        A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman ...
      • Section 15-5-31 Search for dangerous weapon; procedure if weapon or other thing found
        When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or ...