15-5-16
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 cause for believing the existence of the
ground on which the warrant issued, the judge or the magistrate must direct it to be restored
to the person from whom it was taken. (b) If the property is not directed to be restored under
the provisions of subsection (a) of this section, the judge or the magistrate shall annex
together the search warrant, the return and the depositions and return them to the court having
power to inquire into the offense in respect to which the search warrant was issued. (Code
1852, §§841, 842; Code 1867, §§4392, 4393; Code 1876, §§4021, 4022; Code 1886, §§4742,
4743; Code 1896, §§5499, 5500; Code 1907, §§7772, 7773; Code 1923, §§5486, 5487; Code
1940, T. 15, §§115, 116.)...
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15-5-14
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 embezzled, the court shall cause it to be delivered
to the owner, on satisfactory proof of his title and the payment by him of all fees. If the
warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2,
the officer effecting the warrant must retain the property in his possession, subject to the
order of the court to which he is required to return the proceedings or of the court in which
the offense is triable in respect to which the property was taken. (Code 1852, §839; Code
1867, §4390; Code 1876, §4019; Code 1886, §4740; Code 1896, §5497; Code 1907, §7770;
Code 1923, §5484; Code 1940, T. 15, §113.)...
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15-5-13
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 the applicant for the warrant and the persons from whose possession the
property was taken are entitled to a copy of the return, signed by the judge or the magistrate.
(Code 1852, §838; Code 1867, §4389; Code 1876, §4018; Code 1886, §4739; Code 1896, §5496;
Code 1907, §7769; Code 1923, §5483; Code 1940, T. 15, §112.)...
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15-5-6
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} ___ county. Proof by affidavit
having this day been made before me by A. B., that, (stating the particular ground on which
the warrant issued out; or, if the affidavits are not positive, that there is probable ground
for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of
the day or night, as the case may be) to make immediate search on the person of C. D. (or
in the house of C. D., as the case may be), for the following property: (particularly describing
it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc.,
(stating place). Dated the _____ day of _____, 20__ (Signed) E. F., Judge, or Magistrate,
as the case may be." (Code 1852, §831; Code 1867, §4382; Code 1876, §4011; Code 1886,
§4732; Code 1896, §5489; Code 1907, §7762; Code 1923,...
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15-5-18
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 for the execution
before the same is executed; and if, on the hearing, it appears that there was no probable
cause for believing the existence of the grounds on which the warrant was issued, the whole
costs may be taxed against the complainant and an execution issued therefor, returnable on
any day the judge or the magistrate may direct. (Code 1852, §843; Code 1867, §4394; Code
1876, §4023; Code 1886, §4744; Code 1896, §5501; Code 1907, §7774; Code 1923, §5488;
Code 1940, T. 15, §117.)...
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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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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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15-5-10
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 warrant from any
house or other place in which it is concealed, from the possession of any person by whom it
was stolen or embezzled or from any other person in whose possession it may be. (b) When a
search warrant is sued out on the ground specified in subdivision (2) of Section 15-5-2, the
property may be taken under the warrant from any house or other place in which it is concealed,
from the possession of the person by whom it was so used or from any other person in whose
possession it may be. (c) When a search warrant is sued out on the ground specified in subdivision
(3) of Section 15-5-2, the property may be taken under the warrant from the possession of
such person, from any house or other place occupied by him or under his control or from the
possession of the person to whom he may so have delivered it. (Code...
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