28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited liquors and beverages, movable property, etc., used in connection with nuisance pending hearing of action. If the petition shall request a writ of seizure authorizing the sheriff to seize all prohibited liquors and beverages on the premises, together with all signs, screens, bars, bottles, glasses and other movable property used in keeping and maintaining said nuisance, the officer, or citizen or citizens filing the petition may, at the time they apply for a preliminary injunction, make application to the judge who grants the preliminary injunction or to the judge of the court in which the petition is or is to be filed or they may, at any time pending the hearing, make such application to said judge for such writ of seizure, and said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation for the issuance of said writ, that the officer or person making the...
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28-4-256
Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Issuance by judge. If the judge of the district court is satisfied of the existence of ground or grounds for the application, or one of them, or that there is probable cause to believe the existence of them, or one of them, he must issue a search warrant, signed by him, directed to the sheriff or to any lawful officer, commanding him to forthwith search the place named for the prohibited liquors and beverages and to bring them before the judge. If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit may so state and the warrant may issue accordingly. The judge of the district court may direct the warrant to the chief of police or any police officer of a municipality when the place to be searched is within a municipality or within the police jurisdiction thereof. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940,...
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15-21-8
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from the petition itself or from the documents thereunto annexed that the person imprisoned or restrained is not entitled to the benefit of the writ under the provisions of this chapter. (b) When the person is confined in the penitentiary, the writ must be made returnable before the circuit court of the county in which the convict is confined, but if the writ is granted more than 10 days before the time fixed for the holding of such court, it must be made returnable before the nearest circuit court judge. When a person is a patient or confined in any hospital in the state, the writ must be made returnable before the circuit court of the county in which the hospital is located in which he is so confined. In all other cases, the writ must be made returnable before the officer by whom it is...
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28-4-255
Section 28-4-255 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Examination of and taking of depositions from complainant and witnesses; contents of depositions. The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their depositions in writing and cause the same to be subscribed by the person or persons making them. The depositions must set forth facts and circumstances tending to establish the ground or grounds of the application or probable cause for believing that a ground exists authorizing a search warrant to issue. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4745; Code 1940, T. 29, §214.)...
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28-4-262
Section 28-4-262 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Return of warrant; furnishing of copies thereof to applicant for warrant, etc. The officer in his return of the warrant to the judge of the district court must specify with particularity the liquors and beverages and other articles taken, and the applicant for the warrant and the person from whose possession the liquors and articles were taken are entitled to a copy of the return, signed by the judge, which he must furnish them on their application therefor. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4750; Code 1940, T. 29, §219.)...
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36-21-10
Section 36-21-10 Minimum starting salary for county law enforcement officers; enforcement; definition. (a) All law enforcement officers employed by any county of this state who are employed as a full-time law enforcement officer shall make at least $1,300.00 per month starting salary. (b) The provisions of this section may be enforced in any court of competent jurisdiction in this state by an action brought by any citizen seeking a writ of mandamus, mandatory injunction, or other proper remedy, and the court trying the cause may order the suspension or forfeiture of the salary, expenses, or other compensation of the members of the governing body failing or refusing to comply with the provisions of this section. (c) Members of the governing body or sheriff of any county are hereby expressly prohibited from requiring law enforcement officers affected by this section to work any more hours than they were normally working in order to circumvent the provisions of this section. (d) If for...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any circuit or district court judge in this state is authorized to issue a warrant to install a tracking device. The term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object. (b) Upon the written application, under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure 1.4, district attorney, or Attorney General of the state, including assistant and deputy district attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device. The warrant application shall do all of the following: (1) State facts sufficient to show probable cause that a crime is being, has been, or is about to be committed in the jurisdiction of the issuing judge. (2) Identify the person, if reasonably...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases wherein an indigent defendant has an appeal which lies directly to an appellate court and the indigent defendant expresses his or her desire to appeal, the court shall cause to be entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent defendant desires to appeal and is unable financially or otherwise to obtain the assistance of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel, the trial court shall appoint counsel to represent and assist the indigent defendant on appeal, through the indigent defense system for such cases. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel through the indigent defense system for such cases in the event the trial court fails to appoint and in the event it becomes necessary to further provide for counsel. It shall be the duty of the...
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3-1-29
or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering. (f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. Any animal found by...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries; reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be organized to function in the territory described in the petition. Such petition shall set forth: (1) The proposed name of said district; (2) That there is need in the interest of the public health, safety and welfare for a soil and water conservation district to function in the territory described in the petition; (3) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request that the State Soil and Water Conservation Committee duly define the boundaries...
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