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 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 […]
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 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 […]
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 whose possession it was found if required. (Code 1852, §836; Code 1867, §4387; Code 1876, §4016; Code 1886, §4737; Code 1896, §5494; Code 1907, §7767; […]
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 date; if not executed after such time, it is void. (Code 1852, §837; Code 1867, §4388; Code 1876, §4017; Code […]
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, and the applicant for the warrant and the persons from whose possession the property was taken are entitled to a copy of […]
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 or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his […]
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 must be reduced to writing and authenticated in the manner prescribed in Section 15-5-4. (Code 1852, §840; Code […]
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 probable cause for believing the existence of the ground on which the warrant issued, […]
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 person a dangerous weapon or anything which may be used as evidence of the […]
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 fees for the execution before the same is executed; and if, on the hearing, it appears that there was no probable cause for believing […]
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 than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for […]
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 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 […]
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 and the place to be searched. (Code 1852, §827; Code 1867, §4378; Code 1876, §4007; Code 1886, §4729; Code 1896, §5486; Code 1907, §7759; […]
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 witness he may produce, take their depositions in writing and cause them to be subscribed by the persons making them. Such […]
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 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 […]
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 ____________ County} __________ County. Proof by affidavit having this day been made before me by A. B., that, (stating the particular ground on which the warrant issued out; or, if […]
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 aid of such officer at his request, he being present and acting in its execution. (Code 1852, §832; Code 1867, §4383; Code 1876, §4013; Code 1886, […]
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 unless the affidavits state positively that the property is on the person or in the place to be searched, in which […]
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 therein if after notice of his authority and purpose he is refused admittance. (Code 1852, §834; Code 1867, §4385; Code 1876, […]
