HB25 Alabama 2016 Session

Summary

Primary Sponsor

Tommy Hanes

Republican

Session

Regular Session 2016

Title

Search warrants, execution at any time, execution provisions requiring during daytime under certain conditions deleted, Sec. 15-5-8 am'd.

Summary

HB25 would allow seizure warrants to be executed at any time in many cases, rather than only during daytime, with timing dependent on the property and supporting affidavits.

What This Bill Does

The bill amends Section 15-5-8 to let authorities execute warrants to seize property at any time for cases involving controlled substances, and to allow at-any-time execution for non-controlled items only if the affidavit shows the property is on the person or in the place to be searched. For non-controlled substances, daytime execution remains the default unless affidavits indicate the property is on the person or in the searched location, in which case it may be executed at any time. The issuing judge or magistrate must state in the warrant, based on the affidavits, whether execution is by day or at any time.

Who It Affects

• Law enforcement agencies and prosecutors who issue and execute warrants, who gain broader timing flexibility for seizures
• People or property owners whose property may be seized, whose seizures could occur at any time in certain cases and by daytime otherwise

Key Provisions

• Authorizes search warrants to be executed at any time when property seizure involves controlled substances.
• For seizures not involving controlled substances, daytime execution remains default unless affidavits show the property is on the person or in the place to be searched, in which case execution may be at any time.
• The warrant must state, based on the affidavits, whether execution is by day or at any time; if the property includes controlled substances, execution may be at any time.
• The act becomes effective on the first day of the third month following passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure