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6-5-271
Section 6-5-271 Liability for theft or attempted theft; liability of parents of unemancipated
minor; liability for defrauding an eating establishment; liability of foster home. (a) An
adult or emancipated minor who commits or attempts to commit a theft of property consisting
of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4,
or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the
following: (1) The full retail value of the merchandise if not recovered in merchantable condition
at its full retail price. (2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney's fees and court costs not to exceed $1000. (b) Parents or legal guardians
of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor
who commits or attempts to commit a theft of property consisting of goods for sale on the
premises of a merchant in violation of Sections 13A-8-3, 13A-8-4,...
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13A-11-36
Section 13A-11-36 Defenses to prosecutions under article. (a) A person does not commit a crime
under this article if: (1) He was a peace officer engaged in the lawful performance of his
duties; or (2) He was an officer, employee or agent of a communication common carrier who,
while acting in the normal course of his employment, and while engaged in any activity which
was a necessary incident to the rendition of his service or to the protection of the rights
or property of the carrier of such communication, intercepted, disclosed or used a communication
transmitted through the facilities of that carrier; or (3) He relies in good faith on a lawful
court order or legislative authorization. (b) The burden of injecting the issue under subsection
(a) is on the defendant, but this does not shift the burden of proof. (Acts 1977, No. 607,
p. 812, §5630.)...
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16-55-10
Section 16-55-10 Police officers. (a) The President of the University of South Alabama may
appoint and employ suitable persons to serve as police officers to keep off intruders and
prevent trespass upon and damage to the property and grounds of the university. Such persons
shall be charged with all the duties and invested with all the powers of police officers.
An officer may eject trespassers from university buildings and grounds owned, leased, or otherwise
controlled by the university. An officer may arrest any person for any offense provided by
law and shall transport the offender to the nearest district court or municipal court charged
with the trial of such offense. (b) The police officers provided for in this section shall
cooperate with and, when requested, furnish assistance to the regularly constituted authorities
of the Municipalities of Mobile and Fairhope, and their jurisdiction and authority shall be
coextensive within the police jurisdictions of those municipalities. (c)...
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31-9-15
Section 31-9-15 Orders, rules, and regulations of Governor - Enforcement - Arrests without
warrant. A peace officer, when in full and distinctive uniform or displaying a badge or other
insignia of authority, may arrest without a warrant any person violating or attempting to
violate in such officer's presence any order, rule, or regulation made pursuant to this article.
This authority shall be limited to those rules and regulations which affect the public generally.
(Acts 1955, No. 47, p. 267, §15.)...
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36-21-60
Section 36-21-60 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ALABAMA SHERIFF'S ASSOCIATION. The Alabama Sheriff's Association, as now or hereafter
constituted. (2) ASSOCIATION. The Alabama Peace Officers' Association, as now or hereafter
constituted. (3) ASSOCIATION OF CHIEFS OF POLICE. The Alabama Association of Chiefs of Police,
as now or hereafter constituted. (4) BOARD. The board of commissioners of the fund and any
successors thereto. (5) EXECUTIVE DIRECTOR. The executive director of the board. (6) FUND.
The Alabama Peace Officers' Annuity and Benefit Fund created in Section 36-21-66. (7) MEMBER.
Any peace officer who is a member of the fund and who is in good standing by virtue of having
paid all sums required by this article to be paid by him. (8) MEMBERSHIP SERVICE. The period
of employment of a member as a peace officer from the date he or she...
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37-8-221
Section 37-8-221 Prohibited instruments - Search and seizure. (a) In addition to the grounds
enumerated in Section 15-5-2 for the issuance of search warrants, search warrants may be issued
as prescribed in Title 15, for the seizure of any prohibited instrument, as defined in Sections
37-8-217, 37-8-218, 37-8-220, and this section. (b) Any such prohibited instrument may be
seized by court order, under a search warrant or incident to lawful arrest, and shall be held
by the sheriff or other lawful peace officer subject to the order of the magistrate or the
court to which the proceedings may be carried by appeal; and, upon final disposition of any
proceedings in connection with any prohibited instrument, as defined by Sections 37-8-217,
37-8-218, 37-8-220, and this section, such prohibited instrument shall be destroyed by such
officer. (c) Any prohibited instrument, as defined by Sections 37-8-217, 37-8-218, 37-8-220,
and this section, lawfully seized, shall not be taken from the custody...
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7-2-314
Section 7-2-314 Implied warranty: Merchantability; usage of trade; human blood and tissues.
(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable
is implied in a contract for their sale if the seller is a merchant with respect to goods
of that kind. Under this section the serving for value of food or drink to be consumed either
on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such
as: (a) Pass without objection in the trade under the contract description; and (b) In the
case of fungible goods, are of fair average quality within the description; and (c) Are fit
for the ordinary purposes for which such goods are used; and (d) Run, within the variations
permitted by the agreement, of even kind, quality and quantity within each unit and among
all units involved; and (e) Are adequately contained, packaged, and labeled as the agreement
may require; and (f) Conform to the promises or affirmations of fact made on...
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13A-10-51
Section 13A-10-51 Definitions. (a) For purposes of this article, the term law enforcement officer
shall mean any person who has all of the following qualifications: (1) He or she has the power
to arrest pursuant to the laws of this state. (2) He or she is certified by the Alabama Peace
Officers and Standards Training Commission. (3) He or she is acting in his or her official
capacity. (4) He or she is not on strike or involved in a work stoppage. (5) He or she is
not on duty as a private security officer. (Act 2009-616, p. 1779, §2.)...
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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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25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
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