Alabama § 15-5-8 When Executed; Time of Execution to Be Stated

Alabama Statutes

§ 15-5-8 — When Executed; Time of Execution to Be Stated

Alabama § 15-5-8

Title 15Criminal Procedure

Ch. 5Searches and Seizures

Art. 1Search Warrants

This text of Alabama § 15-5-8 (When Executed; Time of Execution to Be Stated) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 15-5-8 (2026).

Text

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.

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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.

Legislative History

(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.)