Alabama Arrest Warrants

Posted by Steve Eversole | Sep 09, 2007 | 0 Comments

Probable cause is required for an arrest warrant in Alabama.  The Alabama Constitution provides that "no warrants shall issue to….seize any person or thing without probable cause."  A warrant for the arrest of a defendant is valid only if it reasonable appears from the evidence, that an offense has been committed, and there is probable cause to believe that the accused committed the crime.  Probable cause is determined by looking at the totality of the circumstances.   

An arrest warrant must contain the following elements:

  • signed by issuing judge or magistrate
  • must contain the name of defendant
  • state the offense with which defendant is charged

An Alabama arrest warrant may be performed by any law enforcement officer with the State of Alabama. 

A defective arrest warrant is freely amended to remedy any defect.  Thus, an arrest warrant will be invalidated because of a defect in form. 

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...

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Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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