(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.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Chapter 5 - Searches and Seizures.
Section 15-5-2 - Grounds for Issuance.
Section 15-5-3 - Probable Cause and Affidavit Required.
Section 15-5-4 - Examination of Complainant and Witnesses; Contents of Depositions.
Section 15-5-5 - Issuance of Warrant.
Section 15-5-7 - By Whom Executed.
Section 15-5-8 - When Executed; Time of Execution to Be Stated.
Section 15-5-9 - Authority of Serving Officer to Break Into House.
Section 15-5-10 - Taking of Property.
Section 15-5-11 - Receipt for Property Taken.
Section 15-5-12 - Warrant to Be Executed and Returned Within 10 Days.
Section 15-5-13 - Contents of Return; Copies to Be Furnished.
Section 15-5-14 - Disposition of Taken Property by Court if Property Stolen or Embezzled.
Section 15-5-15 - Hearing on Controverted Grounds; Authentication of Testimony as to Such Facts.
Section 15-5-18 - Payment of Fees and Costs.
Section 15-5-19 - Penalty for Procuring Maliciously and Without Probable Cause.