Code of Alabama

Ala. Code § 15-10-1 (2026)

Officers Authorized to Make Arrests.

✓ official Alabama Legislature (ALISON) text, current July 2026
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An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county.

(Code 1852, §434; Code 1867, §3983; Code 1876, §4653; Code 1886, §4260; Code 1896, §5209; Code 1907, §6267; Code 1923, §3261; Code 1940, T. 15, §152.)

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1985–2025 · leading case: Timothy T. Holmes v. Officer Daniel Billings, 701 F. App'x 751 (11th Cir. 2017).
Timothy T. Holmes v. Officer Daniel Billings, 701 F. App'x 751 (11th Cir. 2017). “But because a deputy sheriffs duties include making arrests, see Ala. Code § 15-10-1 , Billings’ actions were “taken in the line and scope of [his] employment,” Shelley, 53 So.”
Borden v. State, 769 So. 2d 935 (Ala. Crim. App. 1998). · cites it 4× “The applicable statute enumerating those officers who may arrest with or without a warrant is Alabama Code 1975, § 15-10-1, which provides: "`An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any…”
Scott v. Palmer, 210 F. Supp. 3d 1303 (N.D. Ala. 2016). · cites it 4× “Ala. Code § 15-10-1 (1975); Moore v. Crocker, 852 So.”
Taylor v. State, 666 So. 2d 36 (Ala. Crim. App. 1994). “' As pointed out above, the Committee determined that the definition of `law enforcement officer' should be a `functional definition.”
Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994). “Section 15-10-1, Code of Alabama 1975, provides the jurisdictional rules governing an officer's right to make an arrest: "An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting…”
Robinson v. Ash, 374 F. Supp. 3d 1171 (M.D. Ala. 2019). · cites it 2× “See Ala. Code § 15-10-1 . Second, the search warrant exception: A municipal officer may, if he is accompanied by the county sheriff's deputies, execute a search warrant outside his jurisdiction.”
Brooks v. State, 471 So. 2d 511 (Ala. Crim. App. 1985). · cites it 2× “” This contention of appellant is contrary to Code of Alabama 1975, § 15-10-1, which provides: “An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective…”
Ringstaff v. State, 480 So. 2d 50 (Ala. Crim. App. 1985). “Consequently, we see no distinction between a public servant for purposes of Article One and one for purposes for Article Two.”
Anderson v. State, 212 So. 3d 252 (Ala. Civ. App. 2016). · cites it 3× “According to the State, Ala.Code 1975, § 15-10-1, permits a municipal police officer of any municipality within a county to make an arrest within that county, and Rule 3.”
Esters v. Pettway (N.D. Ala. 2023). · cites it 2× “” Ala. Code § 15-10-1 . Although Mr. Esters and Mr.”
Cooper v. Lister (S.D. Ala. 2023). · cites it 2× “Ala. Code § 15-10-1 provides: "An arrest may be made, under a warrant, or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any…”
Ruth L. Robinson v. Shane Ash (11th Cir. 2020). “Ala. Code § 15-10-1 . By extension of this arrest authority, he says, city police officers necessarily have authority to investigate and seek warrants for crimes occurring anywhere in the county.”
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