Code of Alabama - Title 15: Criminal Procedure - Chapter 10 - Arrests
- 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, or...
- 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 of...
- Section 15-10-3 Arrest without warrant - Generally; written report; protection orders
(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...
- 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 arrested...
- 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 to...
- 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 not...
- 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 duty...
- 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 retaken...
- 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 the...
- 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 obtaining...
- 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, or...
- 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, §2, 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 have...
- Article 2 Arrest After Indictment.
- 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 actual...
- 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 any...
- 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; except,...
- 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 an
- 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 same...
- 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 or...
- 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 the...
- 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 from...
- Article 4 Bench Warrants.
- Article 5 Arrest in Other Counties.
- Article 6 Fingerprinting of Persons Taken Into Custody.
Last modified: May 3, 2021