(a) An officer or private citizen, without a warrant, may lawfully arrest an individual upon reasonable information that the individual stands charged in the courts of another state with any of the following:
(1) A crime punishable by death.
(2) A crime punishable by imprisonment for a term exceeding one year.
(3) Any crime otherwise punishable as a felony.
(b) Following an arrest pursuant to subsection (a), the arrestee must receive a hearing before a district or circuit court judge with all practicable speed. A complaint must be made against him or her under oath setting forth the ground for the arrest as in Section 15-9-40. Thereafter, his or her answer shall be heard as if he or she had been arrested on a warrant.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §61; Act 2026-17, §1.)
Notes of Decisions
Cited in
4
cases, 1990–1999 · leading case:
Hardy v. State, 804 So. 2d 247 (Ala. Crim. App. 1999).
Hardy v. State, 804 So. 2d 247 (Ala. Crim. App. 1999).
· cites it 2× “The record is replete with evidence, including Hardy's own testimony, *276 that he appeared before a judge in Kentucky, signed the necessary papers, waived extradition, and voluntarily returned to Alabama.”
Ex parte Hamm, 564 So. 2d 469 (Ala. 1990).
· cites it 2× “In fact, the very next section of the Code, § 15-9-41, authorizes an arrest "without a warrant upon reasonable information that the accused stands charged with a crime punishable by death or life imprisonment in the courts of another state.”
Ex parte Morgan, 641 So. 2d 840 (Ala. 1994).
· cites it 3× “Under § 15-9-41, an officer may arrest a person without a warrant upon reasonable information that the person is charged with a crime punishable by death or by life imprisonment in another state.”
Morgan v. State, 641 So. 2d 834 (Ala. Crim. App. 1992).
· cites it 2× “In brief on appeal, the State argues that the arrest for fugitive from justice was proper, pursuant to § 15-9-41, Code of Alabama 1975, which justifies an arrest for this offense without a warrant under certain conditions.”
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treatment. Dots show Syfertize treatment of the citing case itself.