Code of Alabama
Ala. Code § 15-5-5 (2026)
Issuance of Warrant.
✓ official Alabama Legislature (ALISON) text, current July 2026
If the judge or the magistrate is satisfied of the existence of the grounds of the application or that there is probable ground to believe their existence, he must issue a search warrant signed by him and directed to the sheriff or to any constable of the county, commanding him forthwith to search the person or place named for the property specified and to bring it before the court issuing the warrant.
(Code 1852, §830; Code 1867, §4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923, §5475; Code 1940, T. 15, §104.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1982–2021 · leading case: State v. Prop. at 2018 Rainbow Drive, 740 So. 2d 1025 (Ala. 1999).
State v. Prop. at 2018 Rainbow Drive, 740 So. 2d 1025 (Ala. 1999). “Instead, the Comments, speaking to the statutes modified by the rule, state, "This rule is taken from and modifies Ala.Code 1975, §§ 15-5-5, 15-5-8, and 15-5-12.”
Hicks v. State, 437 So. 2d 1344 (Ala. Crim. App. 1982). “Appellant contends that the search warrant is defective because it does not comply with §§ 15-5-5 and 15-5-7, Code of Alabama 1975, in that (1) the search warrant is directed to municipal police officers, and (2) the warrant was executed without the authority of any sheriff,…”
Taylor v. Siegelman, 230 F. Supp. 2d 1284 (N.D. Ala. 2002). “Under § 15-5-5, Ala. Code, the judge or magistrate must issue the warrant if he or she is satisfied of the grounds of the application or that there is probable ground to believe their existence.”
Ex Parte Hicks, 437 So. 2d 1346 (Ala. 1983). “" Petitioner would have this Court find reversible error, arguing that the search warrant in this case is defective because it does not comply with Code 1975, §§ 15-5-5 and 15-5-7. In our view the Court of Criminal Appeals was correct in finding that statutory power authorizing…”
Anderson v. State, 212 So. 3d 252 (Ala. Civ. App. 2016). “Instead, the Comments, speaking to the statutes modified by the rule, state, ‘This rule is taken from and modifies Ala.Code 1975, §§ 15-5-5, 15-5-8, and 15-5-12.”
United States v. Young, 229 F. Supp. 2d 1325 (M.D. Ala. 2002). “Code § 15-5-5 (“If the judge or the magistrate is satisfied of the existence of the grounds of the application or that there is probable ground to believe their existence, he must issue a search warrant .”
Cowart v. State, 461 So. 2d 21 (Ala. Crim. App. 1984). “Appellant asserts that the trial court committed reversible error in overruling defendant’s motion to suppress evidence of the results of a search of the premises by officers proceeding under a search warrant, on the ground that the search warrant was not executed by any officer…”
Kenneth Eugene Smith v. Comm'r, Alabama Dep't of Corr. (11th Cir. 2021). “Trial counsel did not argue that the search warrant was facially invalid under Alabama law, which requires that a search warrant be “directed to the sheriff or to any constable of the county,” Ala. Code § 15-5-5 , rendering the VCR and Smith’s subsequent custodial statement…”
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