In cases in which the property to be seized does not include a controlled substance, a search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be executed at any time of the day or night. Except in cases in which the property to be seized includes a controlled substance, the issuing judge or magistrate must state in the warrant, according to the character of the affidavits, whether it is to be executed by day or at any time of the day or night. In cases in which the property to be seized includes a controlled substance, a warrant may be executed at any time of the day or night.
(Code 1852, §833; Code 1867, §4384; Code 1876, §4013; Code 1886, §4734; Code 1896, §5491; Code 1907, §7764; Code 1923, §5478; Code 1940, T. 15, §107; Acts 1987, No. 87-611, p. 1061, §2.)
Notes of Decisions
Cited in
7
cases, 1981–2011 · leading case:
Gamble v. State, 473 So. 2d 1188 (Ala. Crim. App. 1985).
Gamble v. State, 473 So. 2d 1188 (Ala. Crim. App. 1985).
· cites it 4× “" Ala.Code § 15-5-8 (1975); Collins v. State, 410 So.”
Ex Parte DeMent, 424 So. 2d 659 (Ala. 1982).
· cites it 3× “Section 15-5-8, Code 1975, provides the general state law regarding nighttime search warrants: A search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be…”
Korreckt v. State, 507 So. 2d 558 (Ala. Crim. App. 1987).
· cites it 3× “The issuing judge or magistrate must state in the warrant, according to the character of the affidavits, whether it is to be executed by day or at any time of the day or night.”
Pianzio v. State, 423 So. 2d 258 (Ala. Crim. App. 1982).
· cites it 2× “§ 15-5-8 Code of Ala.1975 reads: "A search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be executed at any time of the day or night.”
Horzempa v. State, 397 So. 2d 270 (Ala. Crim. App. 1981).
“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…”
State v. Taylor, 510 So. 2d 849 (Ala. Crim. App. 1986).
· cites it 3× “Code of Ala. 1975, § 15-5-8, provides: “A search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be executed at any time of the day or night.”
Youngbey v. Dist. of Columbia (D.D.C. 2011).
“1982) (explaining legislative intent in creating Code of Alabama § 15-5-8, which is very similar to the D.”
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