Warrant Execution
Year 2006 changes in way arrest warrants may be executed in other counties:
Enrolled, An Act, Relating to the execution of warrants or writs of arrest; to amend Section 15-10-10, Code of Alabama 1975, to provide that an arrest warrant from another county may be executed by any law enforcement officer in this state; and to repeal Section 15-10-13, Code of Alabama 1975, relating to the endorsement of warrants by judges or magistrates in another county.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 15-10-10, Code of Alabama 1975, is amended to read as follows:
"§ 15-10-10.
Section 1. Except as provided in Section 15-10-11, a warrant or writ of arrest shall may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein by any law enforcement officer having the warrant or writ. on a written endorsement on the warrant by a judge or magistrate of that county signed by him, to the following effect: "This warrant may be executed in __________ county." The law enforcement officer shall summon the assistance of local law enforcement if possible to assist in making the arrest and only then may exercise the same authority as the officer possesses in his or her own county or jurisdiction.
Section 2. Section 15-10-13, Code of Alabama 1975, relating to the endorsement of warrants by judges or magistrates in another county, is repealed.
Section 3. All proceedings pending and all rights and liabilities existing, acquired, or incurred on the effective date of this act may be consummated according to law in force when they were commenced. This act shall not be construed to affect any prosecution pending before the effective date of this act.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Approved April 25, 2006.
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§15-10-11 was not affected and is provided below:
§15-10-11. Authority of officer to pursue and arrest defendant in another county on warrant from municipal court.
Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county authorized to issue such a warrant, to the following effect: 'A. B. is authorized to execute this warrant in ............ county,' may summon persons to assist him in making the arrest, and exercise the same authority as in his own county.