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.
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.