A search warrant may be substantially in the following form:
The State of Alabama, }To the sheriff or any constable of
____________ County} __________ County.
Proof by affidavit having this day been made before me by A. B., that, (stating the particular ground on which the warrant issued out; or, if the affidavits are not positive, that there is probable ground for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of the day or night, as the case may be) to make immediate search on the person of C. D. (or in the house of C. D., as the case may be), for the following property: (particularly describing it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc., (stating place).
Dated the _____ day of _____, 20__
(Signed) E. F., Judge, or Magistrate, as the case may be.”
(Code 1852, §831; Code 1867, §4382; Code 1876, §4011; Code 1886, §4732; Code 1896, §5489; Code 1907, §7762; Code 1923, §5476; Code 1940, T. 15, §105.)
Notes of Decisions
Cited in
3
cases, 1981–2016 · leading case:
State v. Brown, 591 So. 2d 113 (Ala. Crim. App. 1991).
State v. Brown, 591 So. 2d 113 (Ala. Crim. App. 1991).
“§ 15-5-6, Code of Alabama 1975. We do not address these arguments because the trial court properly suppressed the evidence on the stated ground.”
Horzempa v. State, 397 So. 2d 270 (Ala. Crim. App. 1981).
· cites it 2× “In the pro se brief of appellant, he complains that the search warrant does not follow the form prescribed by Code of Alabama 1975, § 15-5-6 in that it does not include the language “in the daytime (or at any time of the day or night, as the case may be) to make” the search and…”
Anderson v. State, 212 So. 3d 252 (Ala. Civ. App. 2016).
· cites it 2× “Anderson relies on Ala.Code 1976, §§ 15-5-6 and 15-5-7, to support his argument.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.