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.