Code of Alabama

Ala. Code § 15-5-2 (2026)

Grounds for Issuance.

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

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A search warrant may be issued on any one of the following grounds:

(1) Where the property was stolen or embezzled;

(2) Where it was used as the means of committing a felony; or

(3) Where it is in the possession of any person with the intent to use it as a means of committing a public offense or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its discovery.

(Code 1852, §826; Code 1867, §4377; Code 1876, §4006; Code 1886, §4728; Code 1896, §5485; Code 1907, §7758; Code 1923, §5742; Code 1940, T. 15, §101.)

Notes of Decisions

Cited in 6 cases, 1996–2012 · leading case: Ex Parte Oswalt, 686 So. 2d 368 (Ala. 1996).

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Ex Parte Oswalt, 686 So. 2d 368 (Ala. 1996). · cites it 15× “Both Ala.Code 1975, § 15-5-2, and Rule 3.8, Ala.”

Ex Parte Turner, 792 So. 2d 1141 (Ala. 2000). · cites it 6× “) Considering the language of § 15-5-2, Ala.Code 1975, and Rule 3.8, Ala.”

Taylor v. Siegelman, 230 F. Supp. 2d 1284 (N.D. Ala. 2002). · cites it 2× “For example, plaintiffs argue that the search warrants obtained before any search of the plaintiffs’ businesses were improperly granted because they do not fall within any of the grounds listed in Ala.Code § 15-5-2. Plaintiffs particularly assert that they do not come under (3)…”

Ex Parte Wright, 709 So. 2d 1111 (Ala. 1996). · cites it 3× “Analyzing the search warrant in the Oswalt case, this Court said: "The plain language of subsections (1) and (2) of § 15-5-2, which are echoed by subsections (1) and (2) of Rule 3.”

Walls v. State, 711 So. 2d 485 (Ala. Crim. App. 1996). · cites it 7× “The appellant contends that anticipatory warrants are not allowed under the language of Ala.Code § 15-5-2, Code of Alabama 1975, and Rule 3.”

Alexander v. City of Birmingham, 99 So. 3d 1251 (Ala. Civ. App. 2012). “If the warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2, the officer effecting the wamnt must retain the property in his possession, subject to the order of the court to which he is required to return the proceedings or of the court in…”

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