Code of Alabama - Title 15: Criminal Procedure - Chapter 5 - Searches and Seizures
- Article 1 Search Warrants.
- Section 15-5-1
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...
- 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...
- 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...
- 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...
- 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...
- 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} __________...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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;...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- Article 2 Searches, etc., of Persons in Public Places.
- Article 3 Stored Wire and Electronic Communications.
- Article 3A Criminal Surveillance.
- Article 3B Kelsey Smith Act
- Article 4 Alabama Comprehensive Criminal Proceeds Forfeiture Act.
- Section 15-5-60 Short title
This article shall be known and may be cited as the Alabama Comprehensive Criminal Proceeds Forfeiture Act.
- Section 15-5-61 Seizure and forfeiture of proceeds, property, etc., acquired through the 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...
- Section 15-5-62 Definitions
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...
- Section 15-5-63 Proof; forfeiture procedures
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...
- Section 15-5-64 Determination of abandonment
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...
- Section 15-5-65 Disposition of proceeds
(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...
Last modified: May 3, 2021