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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15-5-4
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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15-10-6
Section 15-10-6 Offense committed in presence of judge or magistrate. When a public offense
is committed in the presence of a judge or magistrate, he may, by verbal or written order,
command any person to arrest the offender and, when the offender has been arrested, may thereupon
proceed as if such offender had been brought before him on a warrant of arrest. (Code 1852,
§448; Code 1867, §3997; Code 1876, §4667; Code 1886, §4265; Code 1896, §5214; Code 1907,
§6272; Code 1923, §3266; Code 1940, T. 15, §157.)...
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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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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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12-17-263
Section 12-17-263 Notice to Administrative Director of Courts of intention to become supernumerary
magistrate; payment of percentage of salary earned as judge or magistrate; oath of office;
appointment of supernumerary magistrate to fill vacancy. A former magistrate electing to come
under the provisions of this article shall notify the Administrative Director of Courts in
writing of his intention to become a supernumerary magistrate. He must also pay to the State
General Fund an amount equal to six percent of the salary earned each year in his capacity
as magistrate or as a judge of an inferior court. Upon receipt of a former magistrate's application
for a supernumerary appointment, the Administrative Director of Courts shall notify said applicant
within 60 days of the receipt of said application and of the amount of the contribution due
to be paid to the State General Fund. Such supernumerary magistrates of the district courts
in the various counties of the State of Alabama shall take...
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12-22-112
Section 12-22-112 Liability of defendant failing to appear; warrant of arrest. (a) If the defendant
fails to appear at the circuit court as required by the appeal bond, he shall be liable to
the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court,
and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when
the defendant is arrested, he must be dealt within all respects as if the arrest had been
made on capias from the circuit court. (Code 1852, §§507, 508; Code 1867, §§4057, 4058;
Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907,
§§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)...
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15-10-60
Section 15-10-60 Definition; procedure. A "bench warrant" is one issued by a judge
for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue
it within his jurisdiction, and every person so arrested must be committed to jail until bail
is tendered. Any judicial officer or the sheriff of the county where the accusation was found
may receive the bail, fix the amount of the bond and approve the sureties, unless it is a
case that is bailable only before some particular officer. (Code 1907, §7862; Code 1923,
§5597; Code 1940, T. 15, §184.)...
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