5-5A-43
Section 5-5A-43 Disclosure of customer financial records. A bank shall disclose financial records
of its customers pursuant to a lawful subpoena, summons, warrant or court order issued by
or at the request of any state agency, political subdivision, instrumentality, or officer
or employee thereof and served upon the bank. No bank, director, officer, employee or agent
thereof shall be held civilly or criminally responsible for disclosure of financial records
pursuant to a subpoena, summons, warrant or court order which on its face appears to have
been issued upon lawful authority. (Acts 1980, No. 80-658, §5-5-43.)...
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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt
for violation of restraining order. (a) Where such application for a preliminary injunction
has been made, the court or judge thereof may, on the application of the plaintiff, issue
an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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15-13-103
Section 15-13-103 Order and amount of bail. Admission to bail is the order of a judicial officer
of any court of the State of Alabama, or one of its subdivisions, that the defendant be discharged
from actual custody on bail. Judicial officers of all courts in the State of Alabama shall
see that every defendant arrested and in custody has an opportunity to give bail, in cases
in which the defendant is entitled to bail and in cases pending before the court, and shall
see that the amount of bail is established. The amount of bail shall be set in the amount
that the judicial officer feels, in his or her discretion, is sufficient to guarantee the
appearance of the defendant. Bail amounts shall not exceed the statutory limits otherwise
set out in the laws of this state. The amounts of bail may be set by a judicial officer in
a standard bail schedule as prescribed by the judge or pursuant to the bail schedule promulgated
by Supreme Court rule. (Acts 1993, No. 93-677, p. 1259, §4.)...
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15-13-105
Section 15-13-105 Order of bail in warrantless arrest cases. In cases where a defendant is
arrested without a warrant and taken into custody and there is no standard bail schedule prescribed
by the presiding judge of the court of jurisdiction for the amounts of bail for such arrests
without warrants, then the arresting officer shall, as soon as possible, contact a judicial
officer for an order of bail. If the arresting officer is unable to contact the judicial officer
having jurisdiction of the case, the arresting officer may contact any judicial officer having
the authority to set bail in that judicial circuit to issue the order of bail. If no judicial
officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail
shall be set by operation of law and the amount of bail shall be that amount prescribed as
the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided,
however, in violation and misdemeanor cases the minimum...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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28-4-264
Section 28-4-264 Disposition of property seized by officer under warrant generally. When liquors
and beverages and vessels and receptacles are seized by the officer, they shall be held by
him subject to the order of the judge of the district court or the court to which the proceedings
may be carried by appeal, and, upon final judgment in accordance with the procedure prescribed
in this article, must be returned to the lawful owner or owners or be otherwise disposed of
according to law. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4752; Code
1940, T. 29, §221.)...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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15-21-27
Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action
for damages. Any officer or other person who has the custody of a party produced on habeas
corpus and who detains him after an order of the court or judge for his discharge or enlargement
or afterwards arrests him without a legal and proper cause, warrant or other process shall
be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible
in a civil action for any damages the party may have sustained. (Code 1852, §738; Code 1867,
§4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923,
§4335; Code 1940, T. 15, §31.)...
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28-4-291
Section 28-4-291 Disposition of proceeds from sale of such property forfeited to state. Unless
otherwise provided by law, the proceeds of the sale of any such property forfeited to the
state, whether sold by court order or by an officer under advertisement, shall, after paying
all expenses in the action, or of advertisement, as the case may be, including the costs of
seizure and of keeping the property pending the proceedings, be applied as follows: One half
of the proceeds shall be paid into the general fund of the county in which the property is
seized, and the other one half shall be paid into the law-enforcement fund to be used and
applied on the enforcement of state laws under the supervision and control of the Governor;
provided, that when such property shall be seized by an officer of a municipality, one half
of the proceeds of the sale shall be paid into the general fund of the municipality, one quarter
shall be paid into the general fund of the county, and the other one...
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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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