Alabama § 15-7-4 Warrant of Arrest - Defined; Contents; Form

Alabama Statutes

§ 15-7-4 — Warrant of Arrest - Defined; Contents; Form

Alabama § 15-7-4

Title 15Criminal Procedure

Ch. 7Initiation of Proceedings by Complaint

Art. 1General Provisions

This text of Alabama § 15-7-4 (Warrant of Arrest - Defined; Contents; Form) 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 § 15-7-4 (2026).

Text

(a)A “warrant of arrest” is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant.

(b)Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed “to any lawful officer of the state,” and, if executed by any lawful officer having authority to

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(a) A “warrant of arrest” is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed “to any lawful officer of the state,” and, if executed by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows:
The State of Alabama,
__________ County.
To any lawful officer of the state:
Complaint on oath having been made before me that the offense of (designating or describing it) has been committed and accusing C. D. thereof, you are, therefore, commanded forthwith to arrest C. D., and bring him before me.
Dated the ______ day of _____, 20__.
(Signed) E.F., Judge
(or magistrate, as the case may be.)

Legislative History

(Code 1852, §§432, 433; Code 1867, §§3981, 3982; Code 1876, §§4651, 4652; Code 1886, §4259; Code 1896, §5208; Code 1907, §7588; Code 1923, §5221; Code 1940, T. 15, §123.)