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Code of Alabama - Title 15: Criminal Procedure - Chapter 10 - Arrests

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  • Article 1 Arrest Before Indictment.
    • Section 15-10-1 Officers authorized to make arrests
      An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, ...
    • Section 15-10-2 When officer may execute warrant; authority of officer to break and 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 ...
    • Section 15-10-3 Arrest without warrant - Generally; definitions; written report
      (a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances: (1) ...
    • Section 15-10-4 Arrest without warrant - Duty of arresting officer; authority of officer to 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 ...
    • Section 15-10-6 Offense committed in presence of judge or magistrate
      When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person ...
    • Section 15-10-7 Arrests by private persons
      (a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though ...
    • Section 15-10-8 When notice of arrest for capital felony to be given to Governor or 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 ...
    • Section 15-10-9 Rearrest after escape or rescue
      If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and ...
    • Section 15-10-10 Where warrant to be executed; endorsement when executed in 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 ...
    • Section 15-10-11 Authority of officer to pursue and arrest defendant in another county 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 ...
    • Section 15-10-12 When defendant to be taken before judge or magistrate issuing 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, ...
    • Section 15-10-13 When arrest warrant endorsed by judge or magistrate; liability of judge or magistrate on endorsement
      Repealed by Act 2006-547, p. 1264, SS2, effective July 1, 2006. ...
    • Section 15-10-14 Detention and arrest of person suspected of larceny of goods held for 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 ...
  • Article 2 Arrest After Indictment.
    • Section 15-10-30 Arrest without process when defendant present
      After an indictment has been returned by the grand jury, the court may order any defendant who is present and who has not been ...
  • Article 3 Issuance and Execution of Writ.
    • Section 15-10-40 Issuance by clerk, district attorney or judge
      A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in ...
    • Section 15-10-41 Form of writ - Felony
      When the indictment is for a felony, the writ of arrest may be substantially in the following form: State of Alabama, _____ County. To ...
    • Section 15-10-42 Form of writ - Misdemeanor
      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; ...
    • Section 15-10-43 Alias and pluries writs
      As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without ...
    • Section 15-10-44 Execution of writ by sheriff or deputy
      A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the ...
    • Section 15-10-45 Execution of writs, attachments and other process in adjoining county
      All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff ...
    • Section 15-10-46 Copy of arrest writ to be delivered to jailer
      When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of ...
    • Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; 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 ...
  • Article 4 Bench Warrants.
    • Section 15-10-60 Definition; procedure
      A "bench warrant" is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer ...
  • Article 5 Arrest in Other Counties.
    • Section 15-10-70 Duty of arresting officer and sheriff of other county
      When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by ...
    • Section 15-10-71 Application for removal order; granting of order
      The sheriff of the county where such person is triable, upon receipt of such notification, shall apply to the district court of his county ...
    • Section 15-10-72 Endorsement on removal order
      The arresting officer shall make the following endorsement on the back of the removal order: "This is to certify that I have this _____ ...
    • Section 15-10-73 Application for guard in removal of prisoner; endorsement by court if 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 ...
    • Section 15-10-74 Arrest powers of peace officer in fresh pursuit
      (a) This section shall be known as the Alabama Fresh Pursuit Act. (b) "Fresh pursuit" as used in this section does not necessarily mean ...
  • Article 6 Fingerprinting of Persons Taken Into Custody.
    • Section 15-10-90 Sheriffs to fingerprint persons taken into custody; disposition of copies of fingerprints
      It shall be the duty of the sheriff of each county in this state who shall first take a person into custody to fingerprint ...
    • Section 15-10-91 Central state assembling agency for receipt of fingerprint records designated; duties thereof
      The Department of Public Safety, State Bureau of Investigation, shall constitute the central assembling agency of the State of Alabama for receiving such fingerprint ...
    • Section 15-10-92 Furnishing of fingerprinting equipment generally
      The county commissions of the several counties in this state shall furnish to the sheriffs of the respective counties, at county expense, such equipment ...
    • Section 15-10-93 Furnishing of fingerprint cards and envelopes
      The State of Alabama, through the Department of Public Safety, shall provide the form of the fingerprint cards and furnish the several sheriffs with ...

    Last modified: March 18, 2014