Code of Alabama

Ala. Code § 15-5-1 (2026)

“Search Warrant” Defined.

✓ official Alabama Legislature (ALISON) text, current July 2026

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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.)

Notes of Decisions

Cited in 6 cases, 1983–2019 · leading case: Frost v. Dangerfield, 49 So. 3d 675 (Ala. 2010).

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Frost v. Dangerfield, 49 So. 3d 675 (Ala. 2010). · cites it 2× “See Ala.Code 1975, § 15-5-1 et seq. (relating generally to the issuance of search warrants).”

Robinson v. Ash, 374 F. Supp. 3d 1171 (M.D. Ala. 2019). · cites it 4× “See Ala. Code §§ 15-5-1 , 15-5-5, 15-5-7 ; Gamble v.”

Gamble v. State, 473 So. 2d 1188 (Ala. Crim. App. 1985). · cites it 2× “III Finally, Gamble contests the validity of the search on the ground that it was executed by Investigator Mims, a municipal police officer, rather than by a sheriff or his deputy, as directed by the warrant and as mandated by §§ 15-5-1, -5, and-7, Code of Alabama 1975 .”

Pugh v. State ex rel. Galanos, 441 So. 2d 931 (Ala. Civ. App. 1983). “§§ 15-5-1, 15-5-5; 15-5-7, *933 Ala.Code (1975).”

Ex Parte Hicks, 437 So. 2d 1346 (Ala. 1983). · cites it 2× “Code 1975, § 15-5-1, provides: "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…”

Alexander v. City of Birmingham, 99 So. 3d 1251 (Ala. Civ. App. 2012). “The search warrant directs the seizing officer to “hold [the property] until further order of the [issuing] [c]ourt,” whereas § 15-5-1 requires the seizing officer to “retain the property in his possession, subject to” a later order of the issuing court or a court trying the…”

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