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.
Ala. Code § 15-5-8
When Executed; Time of Execution to Be Stated.
Applied in 1 court decision — leading case 473 So. 2d 1188 - Gamble v. State (1985)
Most recently applied in 473 So. 2d 1188 - Gamble v. State (May 1985)
(Code 1852, §833; Code 1867, §4384; Code 1876, §4013; Code 1886, §4734; Code 1896, §5491; Code 1907, §7764; Code 1923, §5478; Code 1940, T. 15, §107; Acts 1987, No. 87-611, p. 1…
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.