reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-5 - Refusal of Witness to Answer Questions.

Section 15-4-5
Refusal of witness to answer questions.
In an inquest under this chapter, any witness who refuses to answer any question in relation to the cause of death, except on the ground that it may criminate himself, is guilty of a misdemeanor and must be committed to jail by the coroner, unless he gives bail in the sum of $500.00 to appear at the circuit court and answer such offense, and, on conviction thereof, shall be fined not less than $200.00 nor more than $500.00, and may be imprisoned not exceeding three months.
(Code 1852, §816; Code 1867, §4367; Code 1876, §3995; Code 1886, §4805; Code 1896, §4928; Code 1907, §7166; Code 1923, §4561; Code 1940, T. 15, §80.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-6 - Right of Coroner to Administer Oaths.

Section 15-4-6
Right of coroner to administer oaths.
Coroners shall have the right to administer oaths to persons on preliminary examinations provided for by this chapter.
(Code 1876, §4004; Code 1886, §4806; Code 1896, §4929; Code 1907, §7167; Code 1923, §4562; Code 1940, T. 15, §81.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-7 - Rendition of Verdict by Jury and Certification by Inquisition; Contents of Inquisition.

Section 15-4-7
Rendition of verdict by jury and certification by inquisition; contents of inquisition.
After inspecting the body and hearing the evidence, a jury summoned under this chapter must render its verdict and certify it by an inquisition in writing signed by it, setting forth who the person is and when, where and by what means he came to his death and, if the death was occasioned by the act of another by unlawful means, who is guilty thereof; but if the person, means or manner of his death or the person by whose act he came to his death are not discovered by the evidence, the inquisition must so state, and if there is no evidence tending to show that the deceased came to his death by the unlawful act of another, the inquisition must also state that fact.
(Code 1852, §817; Code 1867, §4368; Code 1876, §3996; Code 1886, §4807; Code 1896, §4930; Code 1907, §7168; Code 1923, §4563; Code 1940, T. 15, §82.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-8 - Return of Inquisition and Preliminary Investigation to Circuit Court; Undertaking of Witnesses to Appear in Court.

Section 15-4-8
Return of inquisition and preliminary investigation to circuit court; undertaking of witnesses to appear in court.
(a) An inquisition taken under this chapter must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit court of the county.
(b) The coroner must also require all the material witnesses to enter into an undertaking to appear at the circuit court, if in session, or, if not, at the next session thereof; he may require surety to such undertaking and, on the failure of a witness to enter therein, may commit him until he enters into the same.
(Code 1852, §818; Code 1867, §4369; Code 1876, §3997; Code 1886, §4808; Code 1896, §4931; Code 1907, §7169; Code 1923, §4564; Code 1940, T. 15, §83.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-9 - Issuance and Execution of Arrest Warrant for Accused; Appearance of Accused Before Judge.

Section 15-4-9
Issuance and execution of arrest warrant for accused; appearance of accused before judge.
(a) If a jury summoned under this chapter finds that the deceased came to his death by the act of another by unlawful means, the coroner may issue a warrant of arrest for such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which the inquest was held, and the district court judge must proceed to examine the charge and commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of such chapter.
(Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809; Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-10 - Money and Property of Deceased to Be Delivered to County Treasurer; Exception; Disposition of Property and Proceeds Therefrom.

Section 15-4-10
Money and property of deceased to be delivered to county treasurer; exception; disposition of property and proceeds therefrom.
(a) Within 30 days after an inquest on a dead body, the coroner must deliver to the county treasurer any money or other property which may be found on the body, unless claimed in the meantime by the legal representatives of the deceased. If he fails to do so, the treasurer may proceed against him for the amount or value thereof, on 10 days' notice to him and his sureties, or against any of them served therewith and recover the same, with 20 percent damages on the amount or value thereof.
(b) Upon the receipt of the money by the treasurer, he must place it to the credit of the county. If it is other property, he must sell it within three months at the courthouse of the county at public auction, upon reasonable public notice, and in like manner must place the proceeds to the credit of the county.
(c) If such money in the treasury is demanded in six years by the legal representatives of the deceased, the treasurer must pay it to them, after deducting the fees of the coroner, expenses of sale and five percent on the balance for the treasurer, or it may be paid at any time thereafter upon the order of the county commission.
(Code 1852, §§820-822; Code 1867, §§4371-4373; Code 1876, §§3999-4001; Code 1886, §§4810-4812; Code 1896, §§4933-4935; Code 1907, §§7171-7173; Code 1923, §§4566-4568; Code 1940, T. 15, §§85-87.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 4 - Coroners' Inquests. › Section 15-4-11 - Fees of Physician or Surgeon for Postmortem, Autopsy and Internal Examinations; Recovery of Costs by County Against Estate.

Section 15-4-11
Fees of physician or surgeon for postmortem, autopsy and internal examinations; recovery of costs by county against estate.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §823; Code 1867, §4374; Code 1876, §4002; Code 1886, §4813; Code 1896, §4936; Code 1907, §7174; Code 1923, §4569; Code 1940, T. 15, §88.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-1

Section 15-5-1
"Search warrant" defined.
A "search warrant" is an order in writing in the name of the state signed by a judge, or by a magistrate authorized by law to issue search warrants, and directed to the sheriff or to any constable of the county, commanding him to search for personal property and bring it before the court issuing the warrant.
(Code 1852, §825; Code 1867, §4376; Code 1876, §4005; Code 1886, §4727; Code 1896, §5484; Code 1907, §7757; Code 1923, §5471; Code 1940, T. 15, §100.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-2 - Grounds for Issuance.

Section 15-5-2
Grounds for issuance.
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.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-3 - Probable Cause and Affidavit Required.

Section 15-5-3
Probable cause and affidavit required.
A search warrant can only be issued on probable cause, supported by an affidavit naming or describing the person and particularly describing the property and the place to be searched.
(Code 1852, §827; Code 1867, §4378; Code 1876, §4007; Code 1886, §4729; Code 1896, §5486; Code 1907, §7759; Code 1923, §5473; Code 1940, T. 15, §102.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-4 - Examination of Complainant and Witnesses; Contents of Depositions.

Section 15-5-4
Examination of complainant and witnesses; contents of depositions.
Before issuing a search warrant, a judge, or magistrate authorized by law to issue search warrants, must examine on oath the complainant and any witness he may produce, take their depositions in writing and cause them to be subscribed by the persons making them. Such depositions must set forth facts tending to establish the grounds of the application or probable cause for believing that they exist.
(Code 1852, §§828, 829; Code 1867, §§4379, 4380; Code 1876, §§4008, 4009; Code 1886, §4730; Code 1896, §5487; Code 1907, §7760; Code 1923, §5474; Code 1940, T. 15, §103.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-5 - Issuance of Warrant.

Section 15-5-5
Issuance of warrant.
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.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-6 - Form.

Section 15-5-6
Form.
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.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-7 - By Whom Executed.

Section 15-5-7
By whom executed.
A search warrant may be executed by any one of the officers to whom it is directed, but by no other person except in aid of such officer at his request, he being present and acting in its execution.
(Code 1852, §832; Code 1867, §4383; Code 1876, §4013; Code 1886, §4733; Code 1896, §5490; Code 1907, §7763; Code 1923, §5477; Code 1940, T. 15, §106.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-8 - When Executed; Time of Execution to Be Stated.

Section 15-5-8
When executed; time of execution to be stated.
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.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-9 - Authority of Serving Officer to Break Into House.

Section 15-5-9
Authority of serving officer to break into house.
To execute a search warrant, an officer may break open any door or window of a house, any part of a house or anything therein if after notice of his authority and purpose he is refused admittance.
(Code 1852, §834; Code 1867, §4385; Code 1876, §4014; Code 1886, §4735; Code 1896, §5492; Code 1907, §7765; Code 1923, §5479; Code 1940, T. 15, §108.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-10 - Taking of Property.

Section 15-5-10
Taking of property.
(a) When a search warrant is sued out on the ground specified in subdivision (1) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of any person by whom it was stolen or embezzled or from any other person in whose possession it may be.
(b) When a search warrant is sued out on the ground specified in subdivision (2) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of the person by whom it was so used or from any other person in whose possession it may be.
(c) When a search warrant is sued out on the ground specified in subdivision (3) of Section 15-5-2, the property may be taken under the warrant from the possession of such person, from any house or other place occupied by him or under his control or from the possession of the person to whom he may so have delivered it.
(Code 1852, §835; Code 1867, §4386; Code 1876, §4015; Code 1886, §4736; Code 1896, §5493; Code 1907, §7766; Code 1923, §5480; Code 1940, T. 15, §109.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-11 - Receipt for Property Taken.

Section 15-5-11
Receipt for property taken.
When an officer takes property under a search warrant, he must give a receipt to the person from whom it was taken or in whose possession it was found if required.
(Code 1852, §836; Code 1867, §4387; Code 1876, §4016; Code 1886, §4737; Code 1896, §5494; Code 1907, §7767; Code 1923, §5481; Code 1940, T. 15, §110.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-12 - Warrant to Be Executed and Returned Within 10 Days.

Section 15-5-12
Warrant to be executed and returned within 10 days.
A search warrant must be executed and returned to the judge or the magistrate by whom it was issued within 10 days after its date; if not executed after such time, it is void.
(Code 1852, §837; Code 1867, §4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code 1907, §7768; Code 1923, §5482; Code 1940, T. 15, §111.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-13 - Contents of Return; Copies to Be Furnished.

Section 15-5-13
Contents of return; copies to be furnished.
In his return of a search warrant to the judge or the magistrate, the officer serving such must specify with particularity the property taken, and the applicant for the warrant and the persons from whose possession the property was taken are entitled to a copy of the return, signed by the judge or the magistrate.
(Code 1852, §838; Code 1867, §4389; Code 1876, §4018; Code 1886, §4739; Code 1896, §5496; Code 1907, §7769; Code 1923, §5483; Code 1940, T. 15, §112.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-14 - Disposition of Taken Property by Court if Property Stolen or Embezzled.

Section 15-5-14
Disposition of taken property by court if property stolen or embezzled.
When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his title and the payment by him of all fees. If the warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2, the officer effecting the warrant 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 which the offense is triable in respect to which the property was taken.
(Code 1852, §839; Code 1867, §4390; Code 1876, §4019; Code 1886, §4740; Code 1896, §5497; Code 1907, §7770; Code 1923, §5484; Code 1940, T. 15, §113.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-15 - Hearing on Controverted Grounds; Authentication of Testimony as to Such Facts.

Section 15-5-15
Hearing on controverted grounds; authentication of testimony as to such facts.
If the grounds on which a search warrant was issued be controverted, the judge or the magistrate must proceed to hear the testimony, which must be reduced to writing and authenticated in the manner prescribed in Section 15-5-4.
(Code 1852, §840; Code 1867, §4391; Code 1876, §4020; Code 1886, §4741; Code 1896, §5498; Code 1907, §7771; Code 1923, §5485; Code 1940, T. 15, §114.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-16 - Restoration of Taken Property to Defendant; Property to Be Forwarded to Court if Not Restored.

Section 15-5-16
Restoration of taken property to defendant; property to be forwarded to court if not restored.
(a) If it appears that the property taken is not the same as that described in a search warrant or that there is no probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be restored to the person from whom it was taken.
(b) If the property is not directed to be restored under the provisions of subsection (a) of this section, the judge or the magistrate shall annex together the search warrant, the return and the depositions and return them to the court having power to inquire into the offense in respect to which the search warrant was issued.
(Code 1852, §§841, 842; Code 1867, §§4392, 4393; Code 1876, §§4021, 4022; Code 1886, §§4742, 4743; Code 1896, §§5499, 5500; Code 1907, §§7772, 7773; Code 1923, §§5486, 5487; Code 1940, T. 15, §§115, 116.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-17 - Searching of Person Charged With Felony for Weapon or Evidence in Judge's or Magistrate's Presence.

Section 15-5-17
Searching of person charged with felony for weapon or evidence in judge's or magistrate's presence.
When a person charged with a felony is supposed by the judge or the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the judge or the magistrate may direct him to be searched in his presence and such weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried.
(Code 1852, §844; Code 1867, §4395; Code 1876, §4024; Code 1886, §4745; Code 1896, §5502; Code 1907, §7775; Code 1923, §5489; Code 1940, T. 15, §118.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-18 - Payment of Fees and Costs.

Section 15-5-18
Payment of fees and costs.
The complainant must pay the fees of a search warrant before he is entitled to the same, and must also pay the officer his fees for the execution before the same is executed; and if, on the hearing, it appears that there was no probable cause for believing the existence of the grounds on which the warrant was issued, the whole costs may be taxed against the complainant and an execution issued therefor, returnable on any day the judge or the magistrate may direct.
(Code 1852, §843; Code 1867, §4394; Code 1876, §4023; Code 1886, §4744; Code 1896, §5501; Code 1907, §7774; Code 1923, §5488; Code 1940, T. 15, §117.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 1 - Search Warrants. › Section 15-5-19 - Penalty for Procuring Maliciously and Without Probable Cause.

Section 15-5-19
Penalty for procuring maliciously and without probable cause.
Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §43; Code 1867, §3584; Code 1876, §4141; Code 1886, §4011; Code 1896, §5483; Code 1907, §7756; Code 1923, §5470; Code 1940, T. 15, §99.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 2 - Searches, etc., of Persons in Public Places. › Section 15-5-30 - Authority of Peace Officer to Stop and Question.

Section 15-5-30
Authority of peace officer to stop and question.
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.
(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 2 - Searches, etc., of Persons in Public Places. › Section 15-5-31 - Search for Dangerous Weapon; Procedure if Weapon or Other Thing Found.

Section 15-5-31
Search for dangerous weapon; procedure if weapon or other thing found.
When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
(Acts 1966, Ex. Sess., No. 157, p. 183, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 4 - Alabama Comprehensive Criminal Proceeds Forfeiture Act. › Section 15-5-60 - Short Title.

Section 15-5-60
Short title.
This article shall be known and may be cited as the Alabama Comprehensive Criminal Proceeds Forfeiture Act.
(Act 2014-306, p. 1103, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 4 - Alabama Comprehensive Criminal Proceeds Forfeiture Act. › Section 15-5-61 - Seizure and Forfeiture of Proceeds, Property, etc., Acquired Through the Commission of Certain Criminal Offenses.

Section 15-5-61
Seizure and forfeiture of proceeds, property, etc., acquired through the commission of certain criminal offenses.
(a) Any property, proceeds, or instrumentality of every kind, used or intended for use in the course of, derived from, or realized through the commission of a felony offense, as defined in this article, or a misdemeanor offense under Article 3, Chapter 12, Title 13A, relating to prostitution offenses, or as inducement or attempt or conspiracy to commit such offenses, is subject to civil forfeiture.
(b) This article does not apply to or limit forfeiture under Sections 20-2-93, 13A-11-84, 13A-12-30, or 13A-12-198.
(Act 2014-306, p. 1103, §2; Act 2016-282, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 4 - Alabama Comprehensive Criminal Proceeds Forfeiture Act. › Section 15-5-62 - Definitions.

Section 15-5-62
Definitions.
For the purposes of this article, the following words shall have the following meanings:
(1) FELONY OFFENSE. Any act that could be charged as a felony criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent proceeding began at the time the forfeiture was initiated.
(2) FINANCIAL INSTITUTION. A bank, credit union, or savings and loan association.
(3) INNOCENT OWNER. A bona fide purchaser or lienholder of property that is subject to forfeiture, including any of the following:
a. A person who has a valid claim, lien, or other interest in the property seized who did not know or consent to the conduct that caused the property to be forfeited, seized, or abandoned under subdivision (1) of Section 15-5-63.
b. A person who did not participate in the commission of a crime or delinquent act giving rise to the forfeiture.
c. A victim of an alleged criminal offense.
(4) INSTITUTED PROMPTLY. The filing by the district attorney or prosecutorial entity of a civil in rem proceeding in a court of competent jurisdiction within 42 days of seizure, unless good cause is shown for delay.
(5) INSTRUMENTALITY. Property otherwise lawful to possess that is used in or intended to be used in a criminal offense. The term includes, but is not limited to, a firearm, a mobile instrumentality, a computer, a computer network, a computer system, computer software, a telecommunications device, money, or any other means of exchange.
(6) LAW ENFORCEMENT AGENCY. Any municipal, county, or state agency the personnel of which have the power of arrest and to perform law enforcement functions, including prosecutorial entities.
(7) PROCEEDS. Includes both of the following:
a. In cases involving unlawful goods, services, or activities, proceeds includes any property derived directly or indirectly from an offense. The term includes, but is not limited to, money or any other means of exchange. The term is not limited to the net gain or profit realized from the offense.
b. In cases involving lawful goods or services that are sold or provided in an unlawful manner, proceeds are the amount of money or other means of exchange acquired through the illegal transaction resulting in the forfeiture, less the direct costs lawfully incurred in providing the goods or services. The lawful costs deduction does not include any part of the overhead expenses of, or taxes paid by, the entity providing the goods or services. The alleged offender or delinquent has the burden to prove that any costs are lawfully incurred.
(8) PROPERTY. Any real or personal property and any benefit, privilege, claim, position, interest in an enterprise, or right derived, directly or indirectly, from the criminal offense.
(Act 2014-306, p. 1103, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 4 - Alabama Comprehensive Criminal Proceeds Forfeiture Act. › Section 15-5-64 - Determination of Abandonment.

Section 15-5-64
Determination of abandonment.
In order for property or proceeds to be deemed abandoned, a representative of the law enforcement agency having possession of abandoned property or proceeds shall file with the district attorney a sworn affidavit setting forth the circumstances of the abandonment, including the results of a search of records to identify the owner or lienholders. The records to be searched shall include records of the Alabama Department of Revenue, judge of probate, and the Secretary of State. After the filing of the affidavit, the district attorney or Attorney General may file an action in the circuit court to declare the property or proceeds abandoned. If the location of the owner, registrant, secured party, or lienholder is unknown, service shall be made at the last known address of the current owner, registrant, secured party, or lienholder, as well as by publication on a governmental web site or a newspaper of general circulation for a period of three weeks. The sworn affidavit and a certificate of service shall accompany any action filed by the district attorney to any order of court.
(Act 2014-306, p. 1103, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 5 - Searches and Seizures. › Article 4 - Alabama Comprehensive Criminal Proceeds Forfeiture Act. › Section 15-5-65 - Disposition of Proceeds.

Section 15-5-65
Disposition of proceeds.
(a) Unless by other agreement of the primary law enforcement agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of or custody, advertising, prosecution, and court costs. The remaining proceeds from the sale or distribution shall be awarded by the court pursuant to recommendation of the prosecutorial entity on a pro rata share to the participating law enforcement agencies, the prosecutorial entity that pursued the action, and as payment of restitution to any victims of the underlying offense. Any proceeds from sales authorized by this section awarded by the court to a county or municipal law enforcement agency shall be deposited into the respective county or municipal general fund and made available to the appropriate law enforcement agency upon requisition of the chief law enforcement official of the agency. Any monies or proceeds authorized by this article and ordered by the court to be distributed to the district attorney shall be deposited into the district attorney's solicitor's fund to be expended for lawful law enforcement purposes.
(b) Upon motion of any party, a proceeding instituted under this article shall be stayed pending the disposition of the underlying criminal action.
(c) Any applicable filing fee, court process, or other costs associated with the filing of an action or lien pursuant to this article may not be waived, and shall be payable at the conclusion of the action and deducted from the total award ordered by the court. In the event the plaintiff does not prevail in the action, all filing fees and court costs shall be paid within 15 days from the court's order denying relief.
(Act 2014-306, p. 1103, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 1 - General Provisions. › Section 15-6-1 - Sheriff Principal Conservator of the Peace.

Section 15-6-1
Sheriff principal conservator of the peace.
The sheriff is the principal conservator of the peace in his county, and it is his duty to suppress all riots, unlawful assemblies and affrays. In the execution of such duty, he may summon to his aid as many of the men of his county as he thinks proper.
(Code 1852, §407; Code 1867, §3956; Code 1876, §4025; Code 1886, §4679; Code 1896, §5160; Code 1907, §7518; Code 1923, §5135; Code 1940, T. 15, §398.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 1 - General Provisions. › Section 15-6-2 - Judges Authorized to Require Persons to Give Security to Keep Peace.

Section 15-6-2
Judges authorized to require persons to give security to keep peace.
The judges of the circuit, district and municipal courts are authorized to require persons to give security to keep the peace in the manner provided in this chapter.
(Code 1852, §408; Code 1867, §3957; Code 1876, §4026; Code 1886, §4680; Code 1896, §5161; Code 1907, §7519; Code 1923, §5136; Code 1940, T. 15, §399.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 1 - General Provisions. › Section 15-6-4 - Refusal, etc., of Municipal Official to Comply With Order of Governor.

Section 15-6-4
Refusal, etc., of municipal official to comply with order of Governor.
Any official of a municipality who fails, refuses or neglects to comply with any order or direction of the Governor of the State of Alabama which is made by the Governor under the laws of Alabama authorizing him to enforce the laws and preserve the peace of the state shall be guilty of a misdemeanor, and shall be fined not less than $50.00 upon conviction and may, in the discretion of the court trying the case, be punished by imprisonment for a term not exceeding 12 months at hard labor for the county.
(Acts 1919, No. 170, p. 163; Code 1923, §5137; Code 1940, T. 15, §400.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 1 - General Provisions. › Section 15-6-3 - Offense Committed or Threatened in Presence of Judge.

Section 15-6-3
Offense committed or threatened in presence of judge.
Any person who, in the presence of a judge, commits or threatens to commit an offense against the person or property of another or contends with another with angry words may be ordered, without process, to enter into an undertaking to keep the peace for a term not exceeding 12 months and, in event of refusal, may be committed as in other cases.
(Code 1852, §424; Code 1867, §3973; Code 1876, §4043; Code 1886, §4697; Code 1896, §5178; Code 1907, §7537; Code 1923, §5155; Code 1940, T. 15, §418.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-20 - Examination of Complainant and Witnesses; Form of Affidavit.

Section 15-6-20
Examination of complainant and witnesses; form of affidavit.
(a) Whenever complaint is made to a judge of a circuit, district or municipal court that any person has threatened or is about to commit an offense on the person or property of another, such judge must examine the complainant and any witness he may produce on oath, reduce such examination to writing and cause it to be subscribed by the party so examined.
(b) The affidavit may be after the following form:
"State of Alabama,
__________ County.
Before me, ___________,a (circuit, district or municipal) judge (setting out his name and office) in and for said county and state, personally appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault and beat him (or is about) to ___________ (here set forth the particular offense threatened or about to be committed) on the person or property of affiant (or E. F., a third person, as the case may be.)
(Signed) A. B.
Sworn to and subscribed before me, this the _______ day of ___________, 20__.
_______________________
(Circuit, District or Municipal) Judge."
(Code 1852, §409; Code 1867, §3958; Code 1876, §4027; Code 1886, §4681; Code 1896, §5162; Code 1907, §§7520, 7521; Code 1923, §§5138, 5139; Code 1940, T. 15, §§401, 402.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-21 - Arrest Warrant.

Section 15-6-21
Arrest warrant.
(a) If on examination by the circuit, district or municipal court judge, it appears that there is reason to fear the commission of any offense by the person complained of, such judge must issue a warrant directed to any lawful officer of the state, containing the substance of the complaint and commanding such officer forthwith to arrest the person complained of and bring him before him or some other judge having jurisdiction of the matter.
(b) The warrant may be after the following form:
"State of Alabama,
__________ County.
To any lawful officer of the state:
Complaint on oath having been made before me that C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly the offense threatened or about to be committed) on the person or property of ______, you are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other judge having jurisdiction of the matter, setting forth his name and office).
Dated the _____ day of _____, 20__.
(c) Such warrant may be executed by the sheriff or other officer acting as sheriff, his deputy or any constable of the county or by any marshal or policeman of any incorporated city or town in the county.
(Code 1852, §§410, 411; Code 1867, §§3959, 3960; Code 1876, §§4028, 4029; Code 1886, §§4682, 4683; Code 1896, §§5163, 5164; Code 1907, §§7522-7524; Code 1923, §§5140-5142; Code 1940, T. 15, §§403-405.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-22 - Hearing; Discharge of Defendant; Continuation of Hearing.

Section 15-6-22
Hearing; discharge of defendant; continuation of hearing.
When a person complained of is brought before the circuit, district or municipal court judge, he and his witnesses must be heard in his defense; and, if on hearing the witnesses on both sides it appears that there is no just reason to fear the commission of the offense, the defendant must be discharged. If the hearing is continued, the judge shall require the defendant to give bail for his appearance, and, failing to furnish the bail, the defendant must be committed to jail.
(Code 1852, §412; Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525; Code 1923, §5143; Code 1940, T. 15, §406.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-23 - When Costs to Be Paid by Complainant.

Section 15-6-23
When costs to be paid by complainant.
If the circuit, district or municipal court judge regards a complaint as unfounded or frivolous, he may order the complainant to pay the costs of prosecution; and, upon making such order, execution may issue to enforce the payment thereof.
(Code 1852, §413; Code 1867, §3962; Code 1876, §4032; Code 1886, §4686; Code 1896, §5167; Code 1907, §7526; Code 1923, §5144; Code 1940, T. 15, §407.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-24 - Requiring Security to Keep the Peace by Defendant; When Court Appearance Required; Form of Undertaking.

Section 15-6-24
Requiring security to keep the peace by defendant; when court appearance required; form of undertaking.
(a) If there is just reason to fear the commission of an offense, the defendant must be required to give security to keep the peace, in such sum as the circuit, district or municipal court judge may direct, towards all the people of this state, particularly the person against whom or whose property there is reason to fear the offense may be committed, for such time as the judge may direct, though not more than 12 nor less than six months; but the defendant must not be required to appear at any court unless he has actually committed an offense cognizable in such court.
(b) The undertaking to keep the peace may be, in substance, as follows:
"The State of Alabama,}
We (here insert the names of the defendant and his sureties), agree to pay to the
___________ County.}
State of Alabama $1,000.00 (or such sum as the judge directs) if the said (here insert name of the defendant) does not keep the peace for 12 months (or as the case may be) from this undertaking, towards all the citizens of this state, and particularly towards (here insert the name of the person against whom or whose property, there is reason to fear the commission of the offense).
Dated _____ day of _____, 20__.
(Signed) A.B.
C.D.
E.F.
Approved, L. M., (Circuit, District or Municipal) Judge.”
(Code 1852, §§414, 415; Code 1867, §§3963, 3964; Code 1876, §§4033, 4034; Code 1886, §§4687, 4688; Code 1896, §§5168, 5169; Code 1907, §§7527, 7528; Code 1923, §§5145, 5146; Code 1940, T. 15, §§408, 409.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-25 - Discharge of Defendant; Commitment to Jail; Contents of Commitment Warrant.

Section 15-6-25
Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged; and, if not given, the circuit, district or municipal court judge must commit him to jail until he gives the same, specifying in the warrant of commitment the cause thereof, the time he is required to keep the peace, towards whom particularly and the sum in which security is required.
(b) Any person committed under the provisions of subsection (a) of this section may be discharged by the sheriff of the county in which he is detained upon entering into an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required by the circuit, district or municipal court judge.
(Code 1852, §§416, 417; Code 1867, §§3965, 3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code 1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15, §§410, 411.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 2 - Proceedings Before Judges. › Section 15-6-26 - Prosecution Costs; Execution for Collection.

Section 15-6-26
Prosecution costs; execution for collection.
In all cases where a person is required to keep the peace, the circuit, district or municipal court judge may order the costs of the prosecution, or any part thereof, to be paid judge other than a judge of an appellate or circuit court issue for the collection of the same.
(Code 1852, §418; Code 1867, §3967; Code 1876, §4037; Code 1886, §4691; Code 1896, §5172; Code 1907, §7531; Code 1923, §5149; Code 1940, T. 15, §412.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 3 - Appeals. › Section 15-6-40 - Appeal to Circuit Court; Form of Undertaking on Appeal.

Section 15-6-40
Appeal to circuit court; form of undertaking on appeal.
(a) Any person required to keep the peace under the provisions of Article 2 of this chapter by any judge other than a judge of an appellate or circuit court is entitled, on entering into an undertaking with sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the county. The judge from whose order the appeal is taken may require such witnesses as he thinks necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the peace may appeal to the circuit court and may thereupon be discharged from custody on giving bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance at such court and to keep the peace towards all the people of the State of Alabama for the period of 12 months, unless sooner discharged by law; and any person who has been required to give bond to keep the peace and has given such bond may appeal in like manner, upon giving security for the costs of such appeal, but such appeal shall not supersede the obligation of such peace bond, unless the court which tries such appeal shall discharge the defendant. A trial by jury on such appeal may be had by the defendant if demand is made therefor at the time of the filing of the bond on the taking of the appeal.
(c) The undertaking on the appeal under this section may be in substance as follows:
"The State of Alabama, }
An order having been made by A.B., a (district or municipal) judge requiring (here insert the
______ County.
name of the defendant) to keep the peace towards all the people of this state and particularly towards (here insert the name of the person against whom, or against whose property there is reason to fear the offense may be committed), from which order the said defendant has taken an appeal to the circuit court of said county; now, therefore, we (here insert the names of the defendant and his sureties) agree to pay the State of Alabama (here insert the amount required by the judge) dollars, if the said defendant fails to prosecute his appeal to effect, and in the meantime to keep the peace towards (here insert the name of the person against whom, or whose property there is reason to fear the offense may be committed.)
Dated this the _____ day of _____, 20__.
(signed) A. B.
C. D.
E.F.
Approved, L.M., (District or Municipal) Judge.”
(Code 1852, §§419, 420; Code 1867, §§3968, 3969; Code 1876, §§4038, 4039; Code 1886, §§4692, 4693; Code 1896, §§5173, 5174; Code 1907, §§7532, 7533; Code 1923, §§5150, 5151; Code 1940, T. 15, §§413, 414.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 3 - Appeals. › Section 15-6-41 - Return on Appeal; Contempt for Failure.

Section 15-6-41
Return on appeal; contempt for failure.
Any undertaking given under any provision of this chapter must be returned by the judge taking the same to the clerk of the court to which an appeal is taken, within 10 days after taking it; and, failing to do so, he may be attached for contempt.
(Code 1852, §421; Code 1867, §3970; Code 1876, §4040; Code 1886, §4694; Code 1896, §5175; Code 1907, §7534; Code 1923, §5152; Code 1940, T. 15, §415.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 3 - Appeals. › Section 15-6-42 - Examination Anew on Appeal; Disposition of Case; Costs.

Section 15-6-42
Examination anew on appeal; disposition of case; costs.
The court to which an appeal is prosecuted under the provisions of this article must examine the case anew and may confirm the order of the judge, discharge the appellant or require him to enter into a new undertaking, with sufficient sureties, to keep the peace in such sum and for such term as the court thinks proper, and it may make such order in relation to the costs of the prosecution as seems just, which may be enforced by execution.
(Code 1852, §422; Code 1867, §3971; Code 1876, §4041; Code 1886, §4695; Code 1896, §5176; Code 1907, §7535; Code 1923, §5153; Code 1940, T. 15, §416.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 3 - Appeals. › Section 15-6-43 - Effect of Failing to Sustain Appeal.

Section 15-6-43
Effect of failing to sustain appeal.
If an appellant fails to sustain his appeal under this article, his undertaking remains in full force and effect as to any breach thereof and also stands as security for any costs which are ordered by the court to be paid by the appellant, and execution may issue therefor against all parties to the same.
(Code 1852, §423; Code 1867, §3972; Code 1876, §4042; Code 1886, §4696; Code 1896, §5177; Code 1907, §7536; Code 1923, §5154; Code 1940, T. 15, §417.)