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.
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.