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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15-5-12
Section 15-5-12 Warrant to be executed and returned within 10 days. A search warrant must be
executed and returned to the judge or the magistrate by whom it was issued within 10 days
after its date; if not executed after such time, it is void. (Code 1852, §837; Code 1867,
§4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code 1907, §7768; Code 1923,
§5482; Code 1940, T. 15, §111.)...
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15-5-15
Section 15-5-15 Hearing on controverted grounds; authentication of testimony as to such facts.
If the grounds on which a search warrant was issued be controverted, the judge or the magistrate
must proceed to hear the testimony, which must be reduced to writing and authenticated in
the manner prescribed in Section 15-5-4. (Code 1852, §840; Code 1867, §4391; Code 1876,
§4020; Code 1886, §4741; Code 1896, §5498; Code 1907, §7771; Code 1923, §5485; Code 1940,
T. 15, §114.)...
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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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28-4-252
Section 28-4-252 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Persons authorized. The warrant may be issued by a judge of a district court.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4742; Code 1940, T. 29, §211;
Acts 1955, 2nd Ex. Sess., No. 45, p. 151.)...
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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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28-4-251
Section 28-4-251 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Authorization and procedure generally. Search warrants for the seizure of liquors
and beverages that are prohibited to be sold or otherwise disposed of in this state, together
with the vessel or other receptacle in which they are contained, may be issued as prescribed
in this article, and proceedings may be had to secure the destruction of such liquors, beverages,
vessels and receptacles upon the grounds and in the manner provided in this article. (Acts
1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4741; Code 1940, T. 29, §210;
Acts 1951, No. 905, p. 1544.)...
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28-4-254
Section 28-4-254 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Standard for issuance; contents of affidavit supporting determination of probable
cause. Said warrants shall be issued only on probable cause supported by affidavit naming
or describing the person or other party whose premises are to be searched, if known, and describing
as nearly as possible the liquors and beverages to be searched for and the place to be searched.
The liquors or beverages may be described as prohibited liquors and beverages or spirituous,
vinous or malt liquors if more specific description is not obtainable, and the affidavit may
show that more specific description is not obtainable. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4743; Code 1940, T. 29, §212.)...
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28-4-263
Section 28-4-263 Issuance, etc., of warrants for search of steamboats, watercraft, depots,
railway cars, etc. A search warrant may be obtained and prosecuted in accordance with the
rules and regulations prescribed in this article in case there is probable cause to believe
and it is made to appear to the judge issuing the warrant that there is probable cause to
believe that prohibited liquors and beverages or some of them are kept or deposited in or
on a watercraft of any kind or in a depot, railway car, carriage or vehicle of any kind for
unlawful sale, furnishing, distribution or other unlawful disposition. The place where such
search is to be made should be described as nearly as possible in the affidavit and warrant
for purpose of identification. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4770; Code 1940, T. 29, §239.)...
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41-4-58
Section 41-4-58 Issuance of duplicate warrants when originals lost. The Comptroller must issue
duplicate warrants upon the Treasury whenever he is satisfied that the original warrant has
been destroyed or lost. The party holding the duplicate shall have the same right as if he
held the original, and the treasurer is authorized to pay the same. (Code 1876, §100; Code
1886, §111; Code 1896, §2010; Code 1907, §613; Code 1923, §821; Acts 1939, No. 112, p.
144; Code 1940, T. 55, §87.)...
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