12-17-251
Section 12-17-251 Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of such administrative agency,
subject to the administrative direction of the clerk of the district court. (b) The Supreme
Court may, by rule, prescribe procedures for the appointment of magistrates by class or position.
In addition thereto, the Supreme Court may provide for the appointment of other magistrates
by the Administrative Director of Courts, upon recommendation and nomination by the judge
or judges and the clerk of the district court under whom such magistrates are to serve. (c)
The powers of a magistrate shall be limited to: (1) Issuance of arrest warrants and, where
such magistrate is licensed to practice law in Alabama or was serving as a full-time magistrate
or warrant clerk on September 1, 1976, and who continued in such capacity as a merit system
employee in the district court, search warrants; (2) Granting of...
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28-4-253
Section 28-4-253 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Grounds. The warrant may be issued on any one of the following grounds: (1) When
any person, firm, association of persons or corporation or unknown person or other party keeps
a place where prohibited liquors and beverages, or any of them, are manufactured, sold, kept
for sale or otherwise disposed of contrary to law or when such liquors and beverages, or any
of them, are stored for sale, delivery or distribution contrary to law or for other illegal
purposes in any warehouse or other place; (2) When such prohibited liquors or beverages, or
any of them, are in the possession of any person, firm, association of persons or corporation
conducting on the premises an unlawful drinking place or maintaining a liquor nuisance thereon
by means thereof; or (3) When any person, firm, association or corporation is carrying on
at a place the business of a retail or wholesale dealer in...
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12-19-191
Section 12-19-191 Constables. (a) Constables shall be entitled to the following fees in criminal
cases: (1) For executing a search warrant by day ..... $1.00 (2) For executing a search warrant
by night ..... 2.00 (3) For executing any other warrant or writ of arrest ..... 1.50 (4) For
serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50
(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed
thereto, for himself and each necessary guard, to be proved by his own oath, for each mile
..... .10 (6) For carrying a prisoner to the jail of another county, when there is no sufficient
jail in the proper county, the same fees that were allowed to the sheriff for similar services
on December 18, 1973, to be paid in the same manner. (7) For taking and approving each bond
of undertaking ..... .50 (b) In all criminal prosecutions, the fees specified in subsection
(a) of this section for the services rendered in the case...
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13A-10-132
education, or other unit of government in this state. (b) It shall be unlawful for a person
to impersonate a state or local official or employee or a law enforcement officer in connection
with a sham legal process by acting or purporting to act in an official capacity or taking
advantage of such actual or purported capacity by either of the following: (1) Subjecting
another person to arrest, detention, search, seizure, mistreatment, dispossession, assessment,
lien, or other infringement of personal or property rights. (2) Denying or impeding
another person in the exercise or enjoyment of any right, privilege, power, or immunity. (c)
A person violating subsection (b) is guilty of a Class B misdemeanor. (d) It shall be unlawful
for a person falsely to assert authority of state law in connection with a sham legal process.
A person violating this subsection is guilty of a Class A misdemeanor. (e) It shall be unlawful
for a person to knowingly act, without authority under state law, as any...
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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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28-1-6
Section 28-1-6 Issuance of licenses for sale of intoxicating beverages in Class 1 or Class
2 municipalities. (a)(1) All other provisions of law, rules, or regulations to the contrary
notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority
to issue any form of license in a Class 1 municipality, including, but not limited to, off-premises
consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form
of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor,
or other alcoholic beverage regulated by the board, unless one of the following requirements
is satisfied: a. The application has first been approved by the governing body of the Class
1 municipality in which the site of the license is situated. b. The denial of approval by
the Class 1 governing body has been set aside by order of the circuit court of the county
in which the site is situated on the ground that the municipal approval...
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28-4-261
Section 28-4-261 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Limitation period for execution and return of warrant. The warrant must be executed and
returned to the judge of the district court by whom it was issued within 10 days from the
date of issuance. After that time, if it has not been executed, it is void. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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18-2-5
Section 18-2-5 Issuance of writ upon filing of application. On the filing of such application,
the judge of probate must issue to the sheriff a writ, setting forth the substantial averments
contained in the application, the name of the applicant and the place where it is proposed
to erect the dam and commanding the sheriff to summon seven disinterested freeholders of the
county to meet at the place where the dam is to be erected, on a day to be specified in the
writ, not less than 15 nor more than 30 days after the filing of the application, and then
and there to inquire touching the matter contained therein. (Code 1852, §2094; Code 1867,
§2486; Code 1876, §3560; Code 1886, §3187; Code 1896, §1732; Code 1907, §3893; Code 1923,
§7512; Code 1940, T. 19, §38.)...
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5-25-6
Section 5-25-6 Issuance of license. (a) Upon receipt of a completed application for a license
together with all items set forth in subsection (c) of Section 5-25-5, the department shall
conduct such an investigation as it deems necessary to determine that the applicant and its
officers, directors, and principals are of good character and ethical reputation and will
operate honestly and fairly within the purposes of this chapter; and that the applicant demonstrates
reasonable financial responsibility. (b) The department may not license any applicant unless
it is satisfied that the applicant may be expected to operate its mortgage brokerage activities
in compliance with the laws of this state. (c) The department may not issue a license if it
finds that the applicant, or any person who is a director, executive officer, partner, or
principal of the applicant, has been convicted of a felony or offense which involves breach
of trust, fraud, or dishonesty in any jurisdiction. For the purposes...
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