reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-41 - Arrest Without Warrant - When Authorized; Persons Authorized to Make Arrest; Appearance of Accused Before Judge.

Section 15-9-41
Arrest without warrant - When authorized; persons authorized to make arrest; appearance of accused before judge.
The arrest of a person may be lawfully made also by an officer or a private citizen 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. When so arrested, the accused must be taken before a district or circuit court judge with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in Section 15-9-40, and thereafter his answer shall be heard as if he had been arrested on a warrant.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §61.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-42 - Arrest Without Warrant - Commitment to Jail or Admission to Bail.

Section 15-9-42
Arrest without warrant - Commitment to jail or admission to bail.
If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under Section 15-9-34, that he has fled from justice, the judge must commit him to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be legally discharged.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-43 - Arrest Without Warrant - When Accused to Be Admitted to Bail; Conditions of Bail.

Section 15-9-43
Arrest without warrant - When accused to be admitted to bail; conditions of bail.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the Governor of this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-44 - Arrest Without Warrant - Failure to Arrest Accused on Governor's Warrant Within Time Specified.

Section 15-9-44
Arrest without warrant - Failure to arrest accused on Governor's warrant within time specified.
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the district or circuit court judge may discharge him, may recommit him to a further day or may again take bail for his appearance and surrender, as provided in Section 15-9-43. At the expiration of the second period of commitment, or if he has been bailed and appeared according to the terms of his bond or undertaking, the judge may either discharge him or may require him to enter into a new bond or undertaking to appear and surrender himself at another day.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §64.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-45 - Arrest Without Warrant - Forfeiture of Bail.

Section 15-9-45
Arrest without warrant - Forfeiture of bail.
If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the court, by proper order, shall declare the bond forfeited, and recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §65.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-46 - When Prosecution Already Instituted in Alabama.

Section 15-9-46
When prosecution already instituted in Alabama.
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at his discretion, either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and discharged or convicted and punished in this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §66.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-47 - Inquiry Into Guilt or Innocence of Accused.

Section 15-9-47
Inquiry into guilt or innocence of accused.
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this division shall have been presented to the Governor, except as it may be involved in identifying the accused held as the person charged with the crime.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §67.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-48 - Constraint on Use for Collection of Debt, Demand or Claim.

Section 15-9-48
Constraint on use for collection of debt, demand or claim.
Nothing in this division shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings, directly or indirectly, seek to aid in the collection of any debt, demand or claim against the party sought to be extradited.
(Code 1940, T. 15, §68.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-49 - Recall of Warrant or Issuance of Alias.

Section 15-9-49
Recall of warrant or issuance of alias.
Under this division, the Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §69.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 3 - To Alabama. › Section 15-9-60 - Warrant for Fugitives From Alabama.

Section 15-9-60
Warrant for fugitives from Alabama.
Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state or of the District of Columbia, he shall issue a warrant under the seal of this state to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §70.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 3 - To Alabama. › Section 15-9-61 - Application by District Attorney to Governor for Requisition; Filing and Forwarding of Papers and Requisition.

Section 15-9-61
Application by district attorney to Governor for requisition; filing and forwarding of papers and requisition.
(a) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the offense is committed shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person charged, the crime charged against him, the approximate time, place and circumstances of its committal, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certification that, in the opinion of the said district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
(b) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the court, stating the offense with which the accused is charged.
(c) The district attorney may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application.
(d) One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint or information and affidavit shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §71.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 3 - To Alabama. › Section 15-9-62 - Payment of Expenses of Returning Accused to Alabama; Fees and Expenses of Officers.

Section 15-9-62
Payment of expenses of returning accused to Alabama; fees and expenses of officers.
When the punishment of the crime shall be the confinement of the criminal in the penitentiary or death, the expenses incurred in bringing an accused back to the State of Alabama shall be paid out of the State Treasury, on the certificate of the Governor and warrant of the Comptroller. In all other cases, they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. Notwithstanding any other provision of law regulating expenses of state officers and employees, the sheriff or other agent shall receive $8.00 per day while going to and returning from the place where the prisoner is arrested or confined and actual necessary expenses, including expenses of transportation; if train or bus is used, actual cost of transportation shall be allowed, but if the trip is made in the personal car of the sheriff or other agent of the state there shall be allowed for transportation $.10 for each mile traveled. There shall also be allowed the fees paid to the officers of the state on whose Governor the requisition is made.
(Code 1896, §4569; Code 1907, §6645; Code 1923, §3749; Acts 1931, No. 482, p. 559; Code 1940, T. 15, §72; Acts 1957, No. 539, p. 760.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 3 - To Alabama. › Section 15-9-63 - Exemption From Process in Civil Actions.

Section 15-9-63
Exemption from process in civil actions.
A person brought into this state on extradition based upon a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer when he is returned until he has been convicted in the criminal proceeding or, if acquitted, until he has had ample opportunity to return to the state from which he was extradited.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §73.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 3 - To Alabama. › Section 15-9-64 - Trial for Crimes Other Than Those Specified in Requisition.

Section 15-9-64
Trial for crimes other than those specified in requisition.
After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed in Alabama, in addition to those specified in the requisition for his extradition.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §74.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 3 - To Alabama. › Section 15-9-65 - Fees and Expenses of Sheriff When Accused Returns Without Requisition.

Section 15-9-65
Fees and expenses of sheriff when accused returns without requisition.
In cases where notice is received in this state from the authorities in another state that a person has been arrested for a crime committed in this state, and the sheriff of the county in which said crime was committed goes to the state aforesaid and the person aforesaid consents to return with said sheriff without requisition from the Governor, said sheriff shall be entitled to the fees and expenses now provided by law where requisitions issue. This section shall apply to felonies and misdemeanors alike, whether there be a conviction of the person apprehended or not.
(Code 1923, §3742; Code 1940, T. 15, §75; Acts 1957, No. 540, p. 761.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-80 - Short Title.

Section 15-9-80
Short title.
This article may be cited as the Uniform Mandatory Disposition of Detainers Act.
(Acts 1978, No. 590, p. 693, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-82 - Right of Prisoner to Final Disposition of Untried Indictments, etc., Pending Against Him; Duty of Official Having Custody of Prisoners to Inform Prisoners of Untried Indictments, etc.; Failure to Notify Prisoners of Filing of Detainers.

Section 15-9-82
Right of prisoner to final disposition of untried indictments, etc., pending against him; duty of official having custody of prisoners to inform prisoners of untried indictments, etc.; failure to notify prisoners of filing of detainers.
(a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information or complaint pending against him in this state. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the district attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.
(b) The warden or other like official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information or complaint against him of which the warden or other like official had knowledge or notice, and of his right to make a request for final disposition thereof.
(c) Failure of the warden or other like official to inform a prisoner, as required by this section, within one year after a detainer has been filed at the institution, shall entitle him to a final dismissal of the indictment, information or complaint with prejudice.
(Acts 1978, No. 590, p. 693, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-83 - Action by Official Having Custody of Prisoner Upon Receipt of Request for Final Determination.

Section 15-9-83
Action by official having custody of prisoner upon receipt of request for final determination.
The request shall be delivered to the warden or other like official having custody of the prisoner, who shall forthwith:
(1) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the prisoner and any decisions of the State Board of Pardons and Paroles relating to the prisoner; and
(2) Send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to the district attorney to whom it is addressed.
(Acts 1978, No. 590, p. 693, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-84 - Time Within Which Indictment, etc., to Be Brought to Trial; Continuances; Failure to Bring Indictment, etc., to Trial Within Specified Time.

Section 15-9-84
Time within which indictment, etc., to be brought to trial; continuances; failure to bring indictment, etc., to trial within specified time.
Within 90 days after the receipt of the request and certificate by the court and district attorney or within such additional time as the court for good cause shown in open court may grant, the prisoner or his counsel being present, the indictment, information or complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the attorney of record and opportunity for him to be heard. If, after such a request, the indictment, information or complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information or complaint be of any further force or effect, and the court shall dismiss it with prejudice.
(Acts 1978, No. 590, p. 693, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-85 - Escape by Prisoner After Request Filed.

Section 15-9-85
Escape by prisoner after request filed.
Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request.
(Acts 1978, No. 590, p. 693, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-86 - Article Inapplicable to Mentally Ill Persons.

Section 15-9-86
Article inapplicable to mentally ill persons.
This article does not apply to any person adjudged to be mentally ill.
(Acts 1978, No. 590, p. 693, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-87 - Notice to Prisoners of Provisions of Article.

Section 15-9-87
Notice to prisoners of provisions of article.
The warden or other like official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this article, and for a record thereof to be placed in the prisoner's file.
(Acts 1978, No. 590, p. 693, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 3 - Mandatory Disposition of Detainers. › Section 15-9-88 - Construction of Article.

Section 15-9-88
Construction of article.
This article shall be so construed as to effectuate its general purpose to make uniform the laws of this state with those states joining in the Interstate Agreement on Detainers Act.
(Acts 1978, No. 590, p. 693, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 4 - Transfer of Foreign Nationals. › Section 15-9-100 - Transfer of Foreign Nationals Imprisoned in Alabama to Country of Citizenship.

Section 15-9-100
Transfer of foreign nationals imprisoned in Alabama to country of citizenship.
When a treaty is in effect between the United States and a foreign country that provides for the transfer of convicted offenders who are citizens or nationals of the foreign country, the Governor of Alabama or the Commissioner of the Department of Corrections, if designated by the Governor, may consent to the transfer of the convicted offenders who are under the jurisdiction of the Department of Corrections to the place or jurisdiction specified in the treaty. The Governor may take any other action necessary to initiate the participation of this state in the treaty.
(Acts 1994, 1st Ex. Sess., No. 94-816, p. 134, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-1 - Officers Authorized to Make Arrests.

Section 15-10-1
Officers authorized to make arrests.
An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county.
(Code 1852, §434; Code 1867, §3983; Code 1876, §4653; Code 1886, §4260; Code 1896, §5209; Code 1907, §6267; Code 1923, §3261; Code 1940, T. 15, §152.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-2 - When Officer May Execute Warrant; Authority of Officer to Break and Enter Dwelling House.

Section 15-10-2
When officer may execute warrant; authority of officer to break and enter dwelling house.
An officer may execute a warrant of arrest on any day and at any time; but in doing so, he must inform the defendant of his authority and, if required, must show the warrant. If an officer executing an arrest warrant is refused admittance after notice of his authority and purpose, he may break an outer or inner door or window of a dwelling house in order to make the arrest.
(Code 1852, §435; Code 1867, §3984; Code 1876, §4654; Code 1886, §4261; Code 1896, §5210; Code 1907, §6268; Code 1923, §3262; Code 1940, T. 15, §153.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-4 - Arrest Without Warrant - Duty of Arresting Officer; Authority of Officer to Break and Enter Dwelling House.

Section 15-10-4
Arrest without warrant - Duty of arresting officer; authority of officer to break and enter dwelling house.
When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer has authority to break open an outer or inner door or window of a dwelling house if, after notice of his office and purpose, he is refused admittance.
(Code 1852, §446; Code 1867, §3995; Code 1876, §4665; Code 1886, §4263; Code 1896, §5212; Code 1907, §6270; Code 1923, §3264; Code 1940, T. 15, §155.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-6 - Offense Committed in Presence of Judge or Magistrate.

Section 15-10-6
Offense committed in presence of judge or magistrate.
When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person to arrest the offender and, when the offender has been arrested, may thereupon proceed as if such offender had been brought before him on a warrant of arrest.
(Code 1852, §448; Code 1867, §3997; Code 1876, §4667; Code 1886, §4265; Code 1896, §5214; Code 1907, §6272; Code 1923, §3266; Code 1940, T. 15, §157.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-7 - Arrests by Private Persons.

Section 15-10-7
Arrests by private persons.
(a) A private person may arrest another for any public offense:
(1) Committed in his presence;
(2) Where a felony has been committed, though not in his presence, by the person arrested; or
(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.
(b) An arrest for felony may be made by a private person on any day and at any time.
(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.
(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.
(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
(Code 1852, §§449-452; Code 1867, §§3998-4001; Code 1876, §§4668-4671; Code 1886, §§4266-4268; Code 1896, §§5215-5217; Code 1907, §§6273-6275; Code 1923, §§3267-3269; Code 1940, T. 15, §§158-160.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-8 - When Notice of Arrest for Capital Felony to Be Given to Governor or Chief Justice.

Section 15-10-8
When notice of arrest for capital felony to be given to Governor or Chief Justice.
Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody of such prisoner to notify the Governor or Chief Justice of the Supreme Court at once of the arrest of such person. An officer failing to give such notice as soon as possible after the arrest of such prisoner is guilty of a misdemeanor.
(Code 1907, §6276; Code 1923, §3270; Code 1940, T. 15, §161.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-9 - Rearrest After Escape or Rescue.

Section 15-10-9
Rearrest after escape or rescue.
If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and retaken at any time and in any place in the state. If such officer or person is refused admittance, after notice of his intention, he may break open an outer or inner door or window of a dwelling house in order to retake the person so escaping or rescued.
(Code 1852, §453; Code 1867, §4002; Code 1876, §4672; Code 1886, §4269; Code 1896, §5218; Code 1907, §6277; Code 1923, §3271; Code 1940, T. 15, §162.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-10 - Where Warrant to Be Executed; Endorsement When Executed in Different County.

Section 15-10-10
Where warrant to be executed; endorsement when executed in different county.
Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein by any law enforcement officer having the warrant or writ. The law enforcement officer shall summon the assistance of local law enforcement if possible to assist in making the arrest and only then may exercise the same authority as the officer possesses in his or her own county or jurisdiction.
(Code 1852, §436; Code 1867, §3985; Code 1876, §4655; Code 1886, §4270; Code 1896, §5219; Code 1907, §6278; Code 1923, §3272; Code 1940, T. 15, §163; Act 2006-547, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-11 - Authority of Officer to Pursue and Arrest Defendant in Another County on Warrant From Municipal Court.

Section 15-10-11
Authority of officer to pursue and arrest defendant in another county on warrant from municipal court.
Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county authorized to issue such a warrant, to the following effect: "A. B. is authorized to execute this warrant in ________ County," may summon persons to assist him in making the arrest, and exercise the same authority as in his own county.
(Code 1852, §437; Code 1867, §3986; Code 1876, §4656; Code 1886, §4271; Code 1896, §5220; Code 1907, §6279; Code 1923, §3273; Code 1940, T. 15, §164.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-12 - When Defendant to Be Taken Before Judge or Magistrate Issuing Warrant.

Section 15-10-12
When defendant to be taken before judge or magistrate issuing warrant.
When the warrant of arrest is executed in any county other than the one in which it is issued and is for a felony, or when for a misdemeanor and the defendant is not bailed according to the provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge or magistrate issuing the warrant or, if such judge or magistrate is unable to attend or his office is vacant, before some other judge or magistrate of the county in which such warrant is issued, and the warrant, with a proper return thereof, must be delivered to such judge or magistrate.
(Code 1852, §444; Code 1867, §3993; Code 1876, §4663; Code 1886, §4274; Code 1896, §5223; Code 1907, §6282; Code 1923, §3276; Code 1940, T. 15, §167.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-13 - When Arrest Warrant Endorsed by Judge or Magistrate; Liability of Judge or Magistrate on Endorsement.

Section 15-10-13
When arrest warrant endorsed by judge or magistrate; liability of judge or magistrate on endorsement.
Repealed by Act 2006-547, p. 1264, §2, effective July 1, 2006.
(Code 1852, §§438, 439; Code 1867, §§3987, 3988; Code 1876, §§4657, 4658; Code 1886, §§4272, 4273; Code 1896, §§5221, 5222; Code 1907, §§6280, 6281; Code 1923, §§3274, 3275; Code 1940, T. 15, §§165, 166.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 1 - Arrest Before Indictment. › Section 15-10-14 - Detention and Arrest of Person Suspected of Larceny of Goods Held for Sale.

Section 15-10-14
Detention and arrest of person suspected of larceny of goods held for sale.
(a) A peace officer, a merchant or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant or merchant's employee shall not render such police officer, merchant or merchant's employee criminally or civilly liable for false arrest, false imprisonment or unlawful detention.
(b) Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.
(c) A merchant or a merchant's employee who causes such arrest as provided for in subsection (a) of this section of a person for larceny of goods held for sale shall not be criminally or civilly liable for false arrest or false imprisonment where the merchant or merchant's employee has probable cause for believing that the person arrested committed larceny of goods held for sale.
(Acts 1957, No. 184, p. 237, §§1-3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 2 - Arrest After Indictment. › Section 15-10-30 - Arrest Without Process When Defendant Present.

Section 15-10-30
Arrest without process when defendant present.
After an indictment has been returned by the grand jury, the court may order any defendant who is present and who has not been arrested to be taken into custody without process. When the defendant has given bail prior to the return of an indictment against him for a capital offense, the court may, in its discretion, likewise order him into custody.
(Code 1867, §4152; Code 1876, §4825; Code 1886, §4395; Code 1896, §5251; Code 1907, §6283; Code 1923, §3277; Code 1940, T. 15, §168.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-40 - Issuance by Clerk, District Attorney or Judge.

Section 15-10-40
Issuance by clerk, district attorney or judge.
A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.
(Code 1852, §601; Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284; Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-41 - Form of Writ - Felony.

Section 15-10-41
Form of writ - Felony.
When the indictment is for a felony, the writ of arrest may be substantially in the following form:
State of Alabama,
_____ County.
To any sheriff of the state:
An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ County, for the offense of ______ (describing the offense so as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said defendant and commit him to jail; and that you return this writ according to law.
(signed) C. D.,
Clerk of the circuit court of _____ Ccounty.
Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253; Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-42 - Form of Writ - Misdemeanor.

Section 15-10-42
Form of writ - Misdemeanor.
When the indictment is for a misdemeanor, the writ of arrest may be in the same form as that set out in Section 15-10-41; except, that after the words "commit him to jail," there must be added the words, "unless he gives bail to answer such indictment."
(Code 1852, §603; Code 1867, §4155; Code 1876, §4828; Code 1886, §4398; Code 1896, §5254; Code 1907, §6286; Code 1923, §3280; Code 1940, T. 15, §171.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-43 - Alias and Pluries Writs.

Section 15-10-43
Alias and pluries writs.
As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without an order.
(Code 1852, §616; Code 1867, §4168; Code 1876, §4839; Code 1886, §4399; Code 1896, §5255; Code 1907, §6287; Code 1923, §3281; Code 1940, T. 15, §172.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-44 - Execution of Writ by Sheriff or Deputy.

Section 15-10-44
Execution of writ by sheriff or deputy.
A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing a warrant of arrest.
(Code 1852, §604; Code 1867, §4156; Code 1876, §4829; Code 1886, §4400; Code 1896, §5256; Code 1907, §6288; Code 1923, §3282; Code 1940, T. 15, §173.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-45 - Execution of Writs, Attachments and Other Process in Adjoining County.

Section 15-10-45
Execution of writs, attachments and other process in adjoining county.
All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff or his deputy or any person specifically designated for that purpose in any county adjoining that where such court is in session.
(Code 1907, §6289; Code 1923, §3283; Code 1940, T. 15, §174.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-46 - Copy of Arrest Writ to Be Delivered to Jailer.

Section 15-10-46
Copy of arrest writ to be delivered to jailer.
When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of the writ, which copy is as good authority for the detention of the defendant as the original writ.
(Code 1852, §610; Code 1867, §4162; Code 1876, §4833; Code 1886, §4401; Code 1896, §5257; Code 1907, §6290; Code 1923, §3284; Code 1940, T. 15, §175.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 3 - Issuance and Execution of Writ. › Section 15-10-47 - Return of Writs by Sheriff; Duty of Clerks to Accept Returns by Mail; Failure of Sheriffs to Comply With Section.

Section 15-10-47
Return of writs by sheriff; duty of clerks to accept returns by mail; failure of sheriffs to comply with section.
(a) All writs of arrest, with the undertaking of bail when given, must be returned by the sheriff to the clerk of the court from which they were issued, with the proper return thereon endorsed.
(b) If the writ of arrest is executed, the return must be made within five days after service; but if executed out of the county in which the indictment was found, the return may be made by depositing the writ in the post office within five days after service in a sealed envelope, postage prepaid, directed to the clerk of the court at the courthouse of his county, with the title of the case and the character of the process endorsed on the envelope.
(c) When any writ of arrest is not executed, it must be returned by the sheriff to the clerk of the court from which it was issued; and when the return is made by the sheriff of any other county than that in which the indictment was found, it may be made by mail, as prescribed by subsection (b) of this section.
(d) The clerk of the court must take from the post office all packages addressed to him which are endorsed according to the provisions of subsection (b) of this section, and the expense of the same must be paid by the county.
(e) Any sheriff who fails to comply with the provisions of subsections (b) and (c) of this section may be compelled to make the return by attachment and also forfeits to the state, for the use of the county, $50.00, which may be recovered with costs against him and his sureties, or any of them, having three days' notice thereof by motion in the court in which the indictment was found. On the trial of such motion, the certificate of the postmaster is presumptive evidence of the deposit of the writ of arrest, the superscription and endorsement on the envelope.
(Code 1852, §§611-614; Code 1867, §§4163-4166; Code 1876, §§4834-4837; Code 1886, §§4402-4405; Code 1896, §§5258-5261; Code 1907, §§6291-6294; Code 1923, §§3285-3288; Code 1940, T. 15, §§176-179.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 4 - Bench Warrants. › Section 15-10-60 - Definition; Procedure.

Section 15-10-60
Definition; procedure.
A "bench warrant" is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue it within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the sheriff of the county where the accusation was found may receive the bail, fix the amount of the bond and approve the sureties, unless it is a case that is bailable only before some particular officer.
(Code 1907, §7862; Code 1923, §5597; Code 1940, T. 15, §184.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 5 - Arrest in Other Counties. › Section 15-10-70 - Duty of Arresting Officer and Sheriff of Other County.

Section 15-10-70
Duty of arresting officer and sheriff of other county.
When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by an officer of the county in which he is arrested, such arresting officer shall immediately commit him to a jail or guardhouse nearest to the place of arrest, and the sheriff of such county shall at once notify the sheriff of the county in which such person is triable of the fact of such arrest and confinement.
(Code 1886, §4549; Code 1896, §4960; Code 1907, §§6639, 7205; Code 1923, §§3743, 4815; Code 1940, T. 15, §180.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 5 - Arrest in Other Counties. › Section 15-10-71 - Application for Removal Order; Granting of Order.

Section 15-10-71
Application for removal order; granting of order.
The sheriff of the county where such person is triable, upon receipt of such notification, shall apply to the district court of his county for a removal order. The district court to whom the application is presented shall grant the same upon a finding that a removal order is in the interest of justice.
(Code 1907, §6640; Code 1923, §3744; Code 1940, T. 15, §181.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 5 - Arrest in Other Counties. › Section 15-10-72 - Endorsement on Removal Order.

Section 15-10-72
Endorsement on removal order.
The arresting officer shall make the following endorsement on the back of the removal order: "This is to certify that I have this _____ day of _____ delivered to ______, sheriff of _____ County, or to his deputy, _____, the within named prisoner or prisoners, _____, sheriff of _____ County."
(Code 1907, §6641; Code 1923, §3745; Code 1940, T. 15, §182.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 5 - Arrest in Other Counties. › Section 15-10-73 - Application for Guard in Removal of Prisoner; Endorsement by Court if Application Granted; Guards for Prisoners Charged With Misdemeanors.

Section 15-10-73
Application for guard in removal of prisoner; endorsement by court if application granted; guards for prisoners charged with misdemeanors.
Whenever a sheriff makes application for the employment of a guard in the removal of a prisoner from another county, such application must be in writing and briefly set forth the facts necessitating the employment of a guard, which shall be verified by oath and filed in the district court of the county to which such removal is made. The district court making the order of removal, if it grants the application for a guard, shall endorse thereon that it has investigated the facts and believes a guard to be necessary. No guard shall be obtained for the removal of a prisoner charged with a misdemeanor, except upon the order of the Governor or a circuit judge in cases when it is necessary to protect the prisoner from violence.
(Code 1896, §4566; Code 1907, §6642; Code 1923, §3746; Code 1940, T. 15, §183.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 5 - Arrest in Other Counties. › Section 15-10-74 - Arrest Powers of Peace Officer in Fresh Pursuit.

Section 15-10-74
Arrest powers of peace officer in fresh pursuit.
(a) This section shall be known as the Alabama Fresh Pursuit Act.
(b) "Fresh pursuit" as used in this section does not necessarily mean instant pursuit but it does mean pursuit without unreasonable delay.
(c) The authority of any peace officer of this state whose arrest powers are otherwise limited to a political subdivision or subdivisions of this state, shall extend throughout the county and into any adjacent county when the officer is in fresh pursuit of a person or persons to be arrested for a misdemeanor. Such authority shall extend throughout the state when the officer is in fresh pursuit of a person or persons to be arrested for a felony. Following such pursuit, the arrest powers of the officer in a political subdivision or subdivisions other than his own shall be the same in all respects as the arrest powers the officer has in his own political subdivision.
(d) This section shall not be construed to restrict or limit in any way other statutory or common-law arrest powers that any peace officer of this state has when acting as an officer or as a private citizen.
(Acts 1981, No. 81-655, p. 1071.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 6 - Fingerprinting of Persons Taken Into Custody. › Section 15-10-90 - Sheriffs to Fingerprint Persons Taken Into Custody; Disposition of Copies of Fingerprints.

Section 15-10-90
Sheriffs to fingerprint persons taken into custody; disposition of copies of fingerprints.
It shall be the duty of the sheriff of each county in this state who shall first take a person into custody to fingerprint such person and furnish a copy of such fingerprints, with the fingerprint card properly filled out, to the Director of the Federal Bureau of Investigation, Washington, D.C., and a copy to the Director, Department of Public Safety, State Bureau of Investigation, Montgomery, Alabama.
(Acts 1943, No. 420, p. 385, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 6 - Fingerprinting of Persons Taken Into Custody. › Section 15-10-91 - Central State Assembling Agency for Receipt of Fingerprint Records Designated; Duties Thereof.

Section 15-10-91
Central state assembling agency for receipt of fingerprint records designated; duties thereof.
The Department of Public Safety, State Bureau of Investigation, shall constitute the central assembling agency of the State of Alabama for receiving such fingerprint records. Said agency shall maintain such records and shall furnish to all law-enforcement agencies and officers of the State of Alabama any information to be derived therefrom on request in writing.
(Acts 1943, No. 420, p. 385, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 6 - Fingerprinting of Persons Taken Into Custody. › Section 15-10-92 - Furnishing of Fingerprinting Equipment Generally.

Section 15-10-92
Furnishing of fingerprinting equipment generally.
The county commissions of the several counties in this state shall furnish to the sheriffs of the respective counties, at county expense, such equipment as may be required for the purpose of this article other than fingerprint cards and envelopes.
(Acts 1943, No. 420, p. 385, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 10 - Arrests. › Article 6 - Fingerprinting of Persons Taken Into Custody. › Section 15-10-93 - Furnishing of Fingerprint Cards and Envelopes.

Section 15-10-93
Furnishing of fingerprint cards and envelopes.
The State of Alabama, through the Department of Public Safety, shall provide the form of the fingerprint cards and furnish the several sheriffs with said uniform fingerprint cards and envelopes.
(Acts 1943, No. 420, p. 385, §4.)