Title 15 — Title 15

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at his discretion, either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and di…

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this division shall have been presented to the…

Nothing in this division shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings, directly or indirectly, seek to aid in the collection of any debt, demand or claim against the party sought to be extradite…

Under this division, the Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. History: (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §69.)

meanings: (1) ARRESTING OFFICER. An officer, employee, or agent of any state or of any political subdivision of a state who is required by law to: (i) maintain public order; (ii) make arrests for offenses, whether that duty extends to all offenses or is limited to specific offens…

Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state or of the District of Columbia, he shall issue a warrant under the seal of this state to some agent, commanding him to receive the person so char…

Forwarding of Papers and Requisition. (a) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the offense is committed shall present to the Governor his written application for a requisition for the …

(a) Expenses incurred in transporting an accused individual shall be paid as follows: (1) When the individual is accused of a crime punishable by confinement with the Department of Corrections or death, the expenses shall be paid out of the State Treasury, on the certificate of t…

A person brought into this state on extradition based upon a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer when he is returned until he has been convicted in the criminal pro…

After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed in Alabama, in addition to those specified in the requisition for his extradition. History: (Acts 1931, No…

Requisition. In cases where notice is received in this state from the authorities in another state that a person has been arrested for a crime committed in this state, and the sheriff of the county in which said crime was committed goes to the state aforesaid and the person afore…

This article may be cited as the Uniform Mandatory Disposition of Detainers Act. History: (Acts 1978, No. 590, p. 693, §2.)

The agreement on detainers is hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The contracting states solemnly agree that: Article I. The party sta…

Pending Against Him; Duty of Official Having Custody of Prisoners to Inform Prisoners of Untried Indictments, Etc.; Failure to Notify Prisoners of Filing of Detainers. (a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposit…

for Final Determination. The request shall be delivered to the warden or other like official having custody of the prisoner, who shall forthwith: (1) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining…

Continuances; Failure to Bring Indictment, Etc., to Trial Within Specified Time. Within 90 days after the receipt of the request and certificate by the court and district attorney or within such additional time as the court for good cause shown in open court may grant, the prison…

Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request. History: (Acts 1978, No. 590, p. 693, §6.)

This article does not apply to any person adjudged to be mentally ill. History: (Acts 1978, No. 590, p. 693, §7.)

The warden or other like official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this article, and for a record thereof to be placed in the prisoner’s file. History: (Acts 1978, No. 590, p. 693, §8.)

This article shall be so construed as to effectuate its general purpose to make uniform the laws of this state with those states joining in the Interstate Agreement on Detainers Act. History: (Acts 1978, No. 590, p. 693, §9.)

An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the l…

Different County. Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein by any law enforcement office…

on Warrant from Municipal Court. Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county authorized to issue such a warra…

(a) For the purposes of this article the following terms shall have the following meanings: (1) FACIAL BIOMETRIC DATA. A unique numerical representation of an individual’s face generated by facial recognition technology based on measurements derived from a facial image, also know…

Probable Cause or to Make an Arrest. (a) A state or local law enforcement agency may not use facial recognition technology match results as the sole basis to establish probable cause in a criminal investigation or to make an arrest. (b) To establish probable cause in a criminal i…

Warrant. When the warrant of arrest is executed in any county other than the one in which it is issued and is for a felony, or when for a misdemeanor and the defendant is not bailed according to the provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge o…

Judge or Magistrate on Endorsement. Repealed by Act 2006-547, p. 1264, §2, effective July 1, 2006. History: (Code 1852, §§438, 439; Code 1867, §§3987, 3988; Code 1876, §§4657, 4658; Code 1886, §§4272, 4273; Code 1896, §§5221, 5222; Code 1907, §§6280, 6281; Code 1923, §§3274, 3275…

Sale. (a) A peace officer, a merchant or a merchant’s employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to…

Enter Dwelling House. An officer may execute a warrant of arrest on any day and at any time; but in doing so, he must inform the defendant of his authority and, if required, must show the warrant. If an officer executing an arrest warrant is refused admittance after notice of his…

(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances: (1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer. (2) When a felony has been committed, though not in t…

After an indictment has been returned by the grand jury, the court may order any defendant who is present and who has not been arrested to be taken into custody without process. When the defendant has given bail prior to the return of an indictment against him for a capital offen…

Break and Enter Dwelling House. When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer h…

A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the …

When the indictment is for a felony, the writ of arrest may be substantially in the following form: State of Alabama, _____ County. To any sheriff of the state: An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ County, for th…

When the indictment is for a misdemeanor, the writ of arrest may be in the same form as that set out in Section 15-10-41; except, that after the words “commit him to jail,” there must be added the words, “unless he gives bail to answer such indictment.” History: (Code 1852, §603;…

As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without an order. History: (Code 1852, §616; Code 1867, §4168; Code 1876, §4839; Code 1886, §4399; Code 1896, §5255; Code 1907, §6287; Code 1923, §3281; Cod…

A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing a warrant of arrest. History: (Code 1852, §6…

All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff or his deputy or any person specifically designated for that purpose in any county adjoining that where such court is in session. History…

When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of the writ, which copy is as good authority for the detention of the defendant as the original writ. History: (Code 1852, §610; Code 1867, §4162; Code 1876, §4…

Failure of Sheriffs to Comply with Section. (a) All writs of arrest, with the undertaking of bail when given, must be returned by the sheriff to the clerk of the court from which they were issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the…

When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person to arrest the offender and, when the offender has been arrested, may thereupon proceed as if such offender had been brought before him on a warrant …

A “bench warrant” is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue it within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the sheriff of t…

(a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the perso…

When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by an officer of the county in which he is arrested, such arresting officer shall immediately commit him to a jail or guardhouse nearest to the place of arr…

The sheriff of the county where such person is triable, upon receipt of such notification, shall apply to the district court of his county for a removal order. The district court to whom the application is presented shall grant the same upon a finding that a removal order is in t…

The arresting officer shall make the following endorsement on the back of the removal order: “This is to certify that I have this _____ day of _____ delivered to ______, sheriff of _____ County, or to his deputy, _____, the within named prisoner or prisoners, _____, sheriff of __…

Application Granted; Guards for Prisoners Charged with Misdemeanors. Whenever a sheriff makes application for the employment of a guard in the removal of a prisoner from another county, such application must be in writing and briefly set forth the facts necessitating the employme…

(a) This section shall be known as the Alabama Fresh Pursuit Act. (b) “Fresh pursuit” as used in this section does not necessarily mean instant pursuit but it does mean pursuit without unreasonable delay. (c) The authority of any peace officer of this state whose arrest powers ar…

Chief Justice. Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody of such prisoner to notify the Governor or Chief J…

If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and retaken at any time and in any place in the state. If such officer or person is refused admittance, after notice of his intention, he may break open an o…