(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances:
(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.
(2) When a felony has been committed, though not in the presence of the officer, by the person arrested.
(3) When a felony has been committed and the officer has probable cause to believe that the person arrested committed the felony.
(4) When the officer has probable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.
(5) When a charge has been made, upon probable cause, that the person arrested has committed a felony.
(6) When the officer has actual knowledge that a warrant for the person’s arrest for the commission of a felony or misdemeanor has been issued, provided the warrant was issued in accordance with this chapter. However, upon request the officer shall show the warrant to the arrested person as soon as possible. If the officer does not have the warrant in his or her possession at the time of arrest the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.
(7) When the officer has probable cause to believe that a felony or misdemeanor has been committed by the person arrested in violation of a protection order, including a domestic violence protection order or an elder abuse protection order, issued by a court of competent jurisdiction.
(8) When an offense involves a crime of domestic violence, including domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, or elder abuse as defined in Section 38-9F-3, and the arrest is based on probable cause.
(b) When a law enforcement officer investigates an allegation of domestic violence or elder abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complaint, and the disposition of the case.
(c) If the defendant is arrested under this section for committing an act of domestic violence, including domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, in violation of a domestic violence protection order, or an act of elder abuse in violation of an elder abuse protection order, the defendant shall be held in custody until brought before the court within 48 hours for the purpose of enforcing the protection order and for consideration of bail in accordance with Section 15-13-190 and the applicable rules of criminal procedure, pending a hearing. If the defendant is not brought before the court within 48 hours, the defendant shall be subject to bail according to the Alabama Rules of Criminal Procedure.
(Code 1852, §445; Code 1867, §3994; Code 1876, §4664; Code 1886, §4262; Code 1896, §5211; Code 1907, §6269; Code 1923, §3263; Code 1940, T. 15, §154; Acts 1989, No. 89-857, p. 1710, §2; Acts 1995, No. 95-534, p. 1081, §1; Act 2000-266, p. 411, §8; Act 2015-493, p. 1679, §2; Act 2017-284, §12; Act 2019-252, §1.)
Notes of Decisions
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
· cites it 2× “APPENDIX TO OPINION OF THE COURT State Statutes Authorizing Warrantless Misdemeanor Arrests Ala. Code § 15-10-3 (a)(1) (Supp. 2000) (authorizing warrantless arrest for any "public offense" committed in the presence of the officer); Alaska Stat.”
Thetford v. City of Clanton, 605 So. 2d 835 (Ala. 1992).
· cites it 8× “Thetford argues that the failure of the City's police officers to comply with the mandates of § 15-10-3, Alabama Code 1975, constitutes "statutory negligence" and that the summary judgment was therefore inappropriate as to the City.”
Norris v. City of Montgomery, 821 So. 2d 149 (Ala. 2001).
· cites it 7× “" Section 15-10-3 was amended in 1995; as a result of that amendment what was § 15-10-3(b) became § 15-10-3(c) and the word "When" was substituted for the word "Whenever.”
Franklin v. City of Huntsville, 670 So. 2d 848 (Ala. 1995).
· cites it 6× “" Ala.Code 1975, § 15-10-3. There is no dispute that after Officer Citrano had repeatedly instructed him to sit in the bleachers, Franklin knew he was in a restricted area and that he was not complying with a lawful instruction from a police officer.”
Borders v. City of Huntsville, 875 So. 2d 1168 (Ala. 2003).
· cites it 3× “, and § 15-10-3, Ala Code 1975, read in para materia, provide, among other things, that an officer may effectuate a lawful arrest of a person for any offense if the offense was committed in the arresting officer's presence.”
Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994).
· cites it 3× “Section 15-10-3, Code of Alabama 1975, was amended effective May 17, 1989, and now provides, in pertinent part: "(a) An officer may arrest any person without a warrant, on any day and at any time for: ". . .”
Ex Parte Land, 678 So. 2d 224 (Ala. 1996).
· cites it 2× “Ala.Code 1975, § 15-10-3(a)(3), states that a police officer may arrest a person without a warrant "[w]hen a felony has been committed and the officer has reasonable cause to believe that the person arrested committed the felony.”
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995).
· cites it 7× “Section 15-10-3 sets forth the circumstances under which an officer may arrest an individual without having personal possession of the arrest warrant.”
Telfare v. City of Huntsville, 841 So. 2d 1222 (Ala. 2002).
· cites it 2× “) Similarly, § 15-10-3(a), Ala.Code 1975, provides: "(a)n officer may arrest a person without a warrant, on any day and at any time in any of the following instances: "(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.”
Ex Parte Hamm, 564 So. 2d 469 (Ala. 1990).
· cites it 3× “Ala.Code 1975, § 15-10-3. Thus, even if it be conceded that the arrest warrant was defective, the arrest was valid without a warrant, under either § 15-9-41 or § 15-10-3.”
Gavin v. State, 891 So. 2d 907 (Ala. Crim. App. 2003).
“Gavin did not challenge the propriety of his arrest in the trial court; he did not move to suppress the motel-room key or his clothing on this ground at trial; and he did not object to the admission of the motel-room key or his clothing on this ground at trial.”
McWhorter v. State, 781 So. 2d 257 (Ala. Crim. App. 1999).
· cites it 2× “§ 15-10-3, Ala.Code 1975. As long as reasonable or probable cause exists, no exigent circumstances are required before the officer may affect the arrest.”
— Ala. Code § 15-10-3(1) — 2 cases
— Ala. Code § 15-10-3(3) — 11 cases
— Ala. Code § 15-10-3(a) — 8 cases
Borders v. City of Huntsville, 875 So. 2d 1168 (Ala. 2003).
“, and § 15-10-3, Ala Code 1975, read in para materia, provide, among other things, that an officer may effectuate a lawful arrest of a person for any offense if the offense was committed in the arresting officer's presence.”
Telfare v. City of Huntsville, 841 So. 2d 1222 (Ala. 2002).
“) Similarly, § 15-10-3(a), Ala.Code 1975, provides: "(a)n officer may arrest a person without a warrant, on any day and at any time in any of the following instances: "(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.”
— Ala. Code § 15-10-3(a)(1) — 2 cases
Franklin v. City of Huntsville, 670 So. 2d 848 (Ala. 1995).
“" Ala.Code 1975, § 15-10-3. There is no dispute that after Officer Citrano had repeatedly instructed him to sit in the bleachers, Franklin knew he was in a restricted area and that he was not complying with a lawful instruction from a police officer.”
— Ala. Code § 15-10-3(a)(3) — 3 cases
Ex Parte Land, 678 So. 2d 224 (Ala. 1996).
“Ala.Code 1975, § 15-10-3(a)(3), states that a police officer may arrest a person without a warrant "[w]hen a felony has been committed and the officer has reasonable cause to believe that the person arrested committed the felony.”
— Ala. Code § 15-10-3(a)(4) — 2 cases
Telfare v. City of Huntsville, 841 So. 2d 1222 (Ala. 2002).
“) Similarly, § 15-10-3(a), Ala.Code 1975, provides: "(a)n officer may arrest a person without a warrant, on any day and at any time in any of the following instances: "(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.”
— Ala. Code § 15-10-3(a)(6) — 4 cases
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995).
“Section 15-10-3 sets forth the circumstances under which an officer may arrest an individual without having personal possession of the arrest warrant.”
Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994).
“Section 15-10-3, Code of Alabama 1975, was amended effective May 17, 1989, and now provides, in pertinent part: "(a) An officer may arrest any person without a warrant, on any day and at any time for: ". . .”
— Ala. Code § 15-10-3(a)(8) — 6 cases
Thetford v. City of Clanton, 605 So. 2d 835 (Ala. 1992).
“Thetford argues that the failure of the City's police officers to comply with the mandates of § 15-10-3, Alabama Code 1975, constitutes "statutory negligence" and that the summary judgment was therefore inappropriate as to the City.”
— Ala. Code § 15-10-3(a)(b) — 1 case
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995).
“Section 15-10-3 sets forth the circumstances under which an officer may arrest an individual without having personal possession of the arrest warrant.”
— Ala. Code § 15-10-3(a)(l) — 2 cases
— Ala. Code § 15-10-3(b) — 2 cases
Norris v. City of Montgomery, 821 So. 2d 149 (Ala. 2001).
“" Section 15-10-3 was amended in 1995; as a result of that amendment what was § 15-10-3(b) became § 15-10-3(c) and the word "When" was substituted for the word "Whenever.”
Thetford v. City of Clanton, 605 So. 2d 835 (Ala. 1992).
“Thetford argues that the failure of the City's police officers to comply with the mandates of § 15-10-3, Alabama Code 1975, constitutes "statutory negligence" and that the summary judgment was therefore inappropriate as to the City.”
— Ala. Code § 15-10-3(c) — 3 cases
Norris v. City of Montgomery, 821 So. 2d 149 (Ala. 2001).
“" Section 15-10-3 was amended in 1995; as a result of that amendment what was § 15-10-3(b) became § 15-10-3(c) and the word "When" was substituted for the word "Whenever.”
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