Title 15 — Title 15

A “search warrant” is an order in writing in the name of the state signed by a judge, or by a magistrate authorized by law to issue search warrants, and directed to the sheriff or to any constable of the county, commanding him to search for personal property and bring it before t…

(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 the warrant from any house or other place in which it is concealed, from the possession of any person by whom it was stolen or embezzled or from any…

When an officer takes property under a search warrant, he must give a receipt to the person from whom it was taken or in whose possession it was found if required. History: (Code 1852, §836; Code 1867, §4387; Code 1876, §4016; Code 1886, §4737; Code 1896, §5494; Code 1907, §7767;…

A search warrant must be executed and returned to the judge or the magistrate by whom it was issued within 10 days after its date; if not executed after such time, it is void. History: (Code 1852, §837; Code 1867, §4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code …

In his return of a search warrant to the judge or the magistrate, the officer serving such must specify with particularity the property taken, and the applicant for the warrant and the persons from whose possession the property was taken are entitled to a copy of the return, sign…

When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his title and the payment by him of all fees. If the…

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 must be reduced to writing and authenticated in the manner prescribed in Section 15-5-4. History: (Code 1852, §840; Code 1867, §4…

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 probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be res…

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 person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the judge or the magis…

The complainant must pay the fees of a search warrant before he is entitled to the same, and must also pay the officer his fees for the execution before the same is executed; and if, on the hearing, it appears that there was no probable cause for believing the existence of the gr…

Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more …

A search warrant may be issued on any one of the following grounds: (1) Where the property was stolen or embezzled; (2) Where it was used as the means of committing a felony; or (3) Where it is in the possession of any person with the intent to use it as a means of committing a p…

A search warrant can only be issued on probable cause, supported by an affidavit naming or describing the person and particularly describing the property and the place to be searched. History: (Code 1852, §827; Code 1867, §4378; Code 1876, §4007; Code 1886, §4729; Code 1896, §548…

A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any per…

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 policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has …

Before issuing a search warrant, a judge, or magistrate authorized by law to issue search warrants, must examine on oath the complainant and any witness he may produce, take their depositions in writing and cause them to be subscribed by the persons making them. Such depositions …

Access; Pen Registers and Trap and Trace Devices. (a) The definitions, prohibitions, authorizations, and procedures regarding access to stored wire and electronic communications and transactional records and the installation or use of pen registers or trap and trace devices shall…

If the judge or the magistrate is satisfied of the existence of the grounds of the application or that there is probable ground to believe their existence, he must issue a search warrant signed by him and directed to the sheriff or to any constable of the county, commanding him f…

(a) Any circuit or district court judge in this state is authorized to issue a warrant to install a tracking device. The term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object. (b) Upon the written applicatio…

Information in Certain Emergency Situations. (a) This section shall be known and cited as the Kelsey Smith Act. (b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules of Criminal Procedure, who is on duty and acting in the course of his or her o…

A search warrant may be substantially in the following form: The State of Alabama, }To the sheriff or any constable of____________ County} __________ County. Proof by affidavit having this day been made before me by A. B., that, (stating the particular ground on which the warrant…

This article shall be known and may be cited as the Alabama Comprehensive Criminal Proceeds Forfeiture Act. History: (Act 2014-306, p. 1103, §1.)

Commission of Certain Criminal Offenses. (a) Any property, proceeds, or instrumentality of every kind, used or intended for use in the course of, derived from, or realized through the commission of a felony offense, as defined in this article, or a misdemeanor offense under Artic…

For the purposes of this article, the following words shall have the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent proceeding began at t…

The state must prove to the court’s reasonable satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended to be used in, or derived from, a felony offense. Except as provided otherwise in this article, the manner, method, and procedure for the…

In order for property or proceeds to be deemed abandoned, a representative of the law enforcement agency having possession of abandoned property or proceeds shall file with the district attorney a sworn affidavit setting forth the circumstances of the abandonment, including the r…

(a) Unless by other agreement of the primary law enforcement agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of or…

A search warrant may be executed by any one of the officers to whom it is directed, but by no other person except in aid of such officer at his request, he being present and acting in its execution. History: (Code 1852, §832; Code 1867, §4383; Code 1876, §4013; Code 1886, §4733; …

In cases in which the property to be seized does not include a controlled substance, a search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be executed at any …

To execute a search warrant, an officer may break open any door or window of a house, any part of a house or anything therein if after notice of his authority and purpose he is refused admittance. History: (Code 1852, §834; Code 1867, §4385; Code 1876, §4014; Code 1886, §4735; Co…