15-10-40
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 custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-5-1
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 it before the court issuing the warrant. (Code
1852, §825; Code 1867, §4376; Code 1876, §4005; Code 1886, §4727; Code 1896, §5484; Code
1907, §7757; Code 1923, §5471; Code 1940, T. 15, §100.)...
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15-9-33
Section 15-9-33 What supporting documents to show. A warrant of extradition must not be issued
unless the documents presented by the executive authority making the demand show that the
accused was present in the demanding state at the time of the commission of the alleged crime
and that he thereafter fled from that state and is now in this state, and that he is lawfully
charged by indictment or by an information filed by a prosecuting officer and supported by
affidavit to the facts, or by affidavit made before a magistrate in that state, with having
committed a crime under the laws of that state, or that he has been convicted of crime in
that state and has escaped from confinement or broken his parole. (Acts 1931, No. 482, p.
559; Code 1940, T. 15, §52.)...
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45-37A-270
Section 45-37A-270 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Irondale in Jefferson County may assess a prisoner transport
fee against a defendant for expenses incurred in transporting the defendant on an Irondale
Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention
facility to the municipal jail for the City of Irondale. (2) The fee provided in this section
may be assessed in all criminal cases by the municipal judge when a transport is required
as described in subdivision (1), and may be collected only when a defendant is adjudicated
guilty or pleads guilty on or after May 22, 2013. The prisoner transport fee shall be collected
from the defendant as court costs and other fees are collected. (3) Assessment of a prisoner
transport fee by the municipal court is permitted only when transport of a defendant is required
from outside the police jurisdiction of the City of Irondale,...
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15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions. (a) Upon a
complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant,
been committed, the judge or magistrate must examine the complainant and such witnesses as
he may propose on oath, take their depositions in writing and cause them to be subscribed
by the person making them. (b) The depositions must set forth the facts stated by the complainant
and his witnesses tending to establish the commission of the offense and the guilt of the
defendant. (Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code
1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218,
5219; Code 1940, T. 15, §§120, 121.)...
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45-37A-240.01
Section 45-37A-240.01 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Hoover, Alabama, may assess a prisoner transport fee against
a defendant for expenses incurred in transporting the defendant on a Hoover Municipal Court
misdemeanor warrant from another municipal jail, county jail, or a state detention facility
to the Hoover Municipal Detention Facility. (2) The fee provided in this section may be assessed
in all criminal cases by the municipal judge when a transport is required as described in
subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads
guilty on or after May 24, 2005. The prisoner transport fee shall be collected from the defendant
as court costs and other fees are collected. (3) Assessment of a prisoner transport fee by
the municipal court is permitted only when transport of a defendant is required from outside
the police jurisdiction of the City of Hoover, but within the...
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15-5-8
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 case it may be executed at any time of the day or night.
Except in cases in which the property to be seized includes a controlled substance, the issuing
judge or magistrate must state in the warrant, according to the character of the affidavits,
whether it is to be executed by day or at any time of the day or night. In cases in which
the property to be seized includes a controlled substance, a warrant may be executed at any
time of the day or night. (Code 1852, §833; Code 1867, §4384; Code 1876, §4013; Code 1886,
§4734; Code 1896, §5491; Code 1907, §7764; Code 1923, §5478; Code 1940, T. 15, §107;
Acts 1987, No. 87-611, p. 1061, §2.)...
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28-4-279
Section 28-4-279 Forfeiture and condemnation proceedings in circuit courts. A search warrant
may be issued by any judge of a circuit court, and on the return of the warrant, the same
proceedings may be had before the judge sitting as a court as are prescribed in this article
for the trial before district court judges issuing said warrants. Any defendant to the warrant
in such circuit court may have a jury trial upon demanding the same at the time he files his
verified answer and claim. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4766; Code 1940, T. 29, §235.)...
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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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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
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