15-5-1
Section 15-5-1 "Search warrant" defined. A "search warrant" is an order
in writing in the name of the state signed by a judge, or by a magistrate authorized by law
to issue search warrants, and directed to the sheriff or to any constable of the county, commanding
him to search for personal property and bring it before the court issuing the warrant. (Code
1852, §825; Code 1867, §4376; Code 1876, §4005; Code 1886, §4727; Code 1896, §5484; Code
1907, §7757; Code 1923, §5471; Code 1940, T. 15, §100.)...
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15-5-5
Section 15-5-5 Issuance of warrant. If the judge or the magistrate is satisfied of the existence
of the grounds of the application or that there is probable ground to believe their existence,
he must issue a search warrant signed by him and directed to the sheriff or to any constable
of the county, commanding him forthwith to search the person or place named for the property
specified and to bring it before the court issuing the warrant. (Code 1852, §830; Code 1867,
§4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923,
§5475; Code 1940, T. 15, §104.)...
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22-1-7
Section 22-1-7 Procedure when county health officer, etc., resisted. If, in the attempt to
perform any duty enjoined by any public health law of the State of Alabama or rule or regulation
of the State Board of Health, the health or quarantine officer of a county, or his duly authorized
representative, shall be forcibly resisted or threatened with forceful resistance, such health
officer shall, after conference with the county board of health, if found necessary, make
affidavit before any judge of a circuit court, district court, municipal court or the judge
of probate of the municipality or county where such resistance occurs or is threatened, whereupon
the officer before whom said affidavit has been made shall forthwith issue his warrant directed
to the sheriff or to any bonded constable of said county, commanding said sheriff or constable
to remove or abate, under the direction of said health officer, said insanitary condition,
or source of infection or offensive or indecent material...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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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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15-5-6
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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28-4-258
Section 28-4-258 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Execution - Persons authorized. The warrant may be executed by any one of the officers to
whom it is directed, but by no other person, except in aid of the officer, he being present
and acting in its execution. The complainant may accompany the officer who executes the warrant
and give information and assist him in executing the writ. A writ addressed to a sheriff may
be executed by any lawful officers. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code
1923, §4744; Code 1940, T. 29, §213.)...
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15-5-4
Section 15-5-4 Examination of complainant and witnesses; contents of depositions. Before issuing
a search warrant, a judge, or magistrate authorized by law to issue search warrants, must
examine on oath the complainant and any witness he may produce, take their depositions in
writing and cause them to be subscribed by the persons making them. Such depositions must
set forth facts tending to establish the grounds of the application or probable cause for
believing that they exist. (Code 1852, §§828, 829; Code 1867, §§4379, 4380; Code 1876,
§§4008, 4009; Code 1886, §4730; Code 1896, §5487; Code 1907, §7760; Code 1923, §5474;
Code 1940, T. 15, §103.)...
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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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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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