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15-10-10
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 defendant is in another county. When the defendant
is in another county, it may be executed therein by any law enforcement officer having the
warrant or writ. The law enforcement officer shall summon the assistance of local law enforcement
if possible to assist in making the arrest and only then may exercise the same authority as
the officer possesses in his or her own county or jurisdiction. (Code 1852, §436; Code 1867,
§3985; Code 1876, §4655; Code 1886, §4270; Code 1896, §5219; Code 1907, §6278; Code 1923,
§3272; Code 1940, T. 15, §163; Act 2006-547, §1.)...
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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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15-5-40
Section 15-5-40 stored wire and electronic communications and transactional records access;
pen registers and trap and trace devices. (a) The definitions, prohibitions, authorizations,
and procedures regarding access to stored wire and electronic communications and transactional
records and the installation or use of pen registers or trap and trace devices shall be adopted
and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of
Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may
hereafter be amended. (b) Emergency pen registers and trap and trace devices may be installed
pursuant to the provisions of the federal law defined in Title 18, United States Code, Section
3125, as it may hereafter be amended, provided the investigative or law enforcement officer
declaring the emergency has been specially authorized and designated in writing by the Attorney
General, district attorney, or city attorney, if authorized to...
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13A-11-84
Section 13A-11-84 Penalties; seizure and disposition of pistols involved in violations of certain
sections. (a) Every violation of subsection (a) of Section 13A-11-72 or Section 13A-11-81
shall be a Class C felony. Every violation of subsection (b) of Section 13A-11-72 or Sections
13A-11-73, 13A-11-74, 13A-11-76, and 13A-11-77 through 13A-11-80 shall be a Class A misdemeanor.
The punishment for violating Section 13A-11-78 or 13A-11-79 may include revocation of license.
(b) It shall be the duty of any sheriff, policeman, or other peace officer of the State of
Alabama, arresting any person charged with violating Sections 13A-11-71 through 13A-11-73,
or any one or more of those sections, to seize the pistol or pistols in the possession or
under the control of the person or persons charged with violating the section or sections,
and to deliver the pistol or pistols to one of the following named persons: if a municipal
officer makes the arrest, to the city clerk or custodian of stolen...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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15-7-4
Section 15-7-4 Warrant of arrest - Defined; contents; form. (a) A "warrant of arrest"
is an order in writing, issued and signed by a judge or magistrate, stating the substance
of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that
the name is unknown to the judge or magistrate, then no name need be inserted. It must also
state the offense by name or so that it can be clearly inferred, the county in which it was
issued must appear from some part of the warrant, and the warrant must be signed by the judge
or magistrate, with his name and initials of office, or the same must in some way appear from
the warrant. It must be directed "to any lawful officer of the state," and, if executed
by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows: The State of Alabama,...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition
of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement
officer of a municipality or any law enforcement officer of the state, in lieu of placing
persons under custodial arrest, to issue a summons and complaint to any person charged with
violating any municipal littering ordinance; municipal ordinance which prohibits animals from
running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor
or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons
and complaint shall be on a form approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a description of the offense, including
the municipal ordinance number; the date and...
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9-11-396
Section 9-11-396 Penalties for violations of provisions of article, etc.; powers of law enforcement
officers, etc., as to enforcement of article, etc.; custody and disposition of equipment,
etc., seized in connection with violations of article, etc.; disposition of moneys arising
from fines and forfeitures. (a) Any person who violates a provision of this article or any
regulation promulgated pursuant to this article or of the Marine Mammal Protection Act of
1972 or regulation promulgated thereunder or who fails to procure or violates the terms of
any permit issued pursuant thereto shall, upon conviction, be fined not less than $50.00 nor
more than $500.00 or be imprisoned not more than six months or both. (b) Any officer employed
and authorized by the commissioner or any law enforcement officer of the state or of any municipality
or county within the state shall have authority to conduct searches as provided by law and
to execute a warrant to search for and seize any equipment,...
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16-25-14
Section 16-25-14 Retirement of members; benefits generally. (a)(1) Any Tier I plan member who
withdraws from service upon or after attainment of age 60 and any Tier II plan member who
withdraws from service upon or after attainment of age 62, or in the case of a Tier II plan
member who is a correctional officer, firefighter, or law enforcement officer as defined in
Section 36-27-59, who withdraws from service upon or after attainment of age 56 with at least
ten years of creditable service as a correctional officer, firefighter, or law enforcement
officer may retire upon written application to the Board of Control setting forth at what
time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof,
he or she desires to be retired; provided, that any such member who became a member on or
after October 1, 1963, shall have completed 10 or more years of creditable service. (2) Any
Tier I plan member who has attained age 60 and any Tier II plan member who...
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