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Rule 3.6 Definition of search warrant.

RULE 3. ARREST WARRANT OR SUMMONS UPON COMMENCEMENT OF CRIMINAL PROCEEDINGS; SEARCH WARRANT.

← Previous Rule 3.5: Defective arrest warrant. Next → Rule 3.7: Authority to issue search warrants.

Rule Text

A search warrant is a written order, in the name of the state or municipality, signed by a judge or magistrate authorized by law to issue search warrants, directed to any law enforcement officer as defined by Rule 1.4(p), commanding him to search for personal property and, if found, to bring it before the issuing judge or magistrate.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

A search warrant is basically a written permission slip from a judge that lets police search for specific property. The judge or magistrate has to be someone legally allowed to issue these warrants, and the warrant is issued in the name of the state or the city or town involved.

The warrant is addressed to a law enforcement officer and gives that officer the authority to look for particular items. If the officer finds what they're searching for, the warrant tells them to bring that property back to the judge who issued it.

In short, this rule just spells out what a search warrant is and how it works. It shows that a warrant is not just a general permission to search anywhere or for anything. Instead, it's a specific court order that names what can be searched for and requires the officer to report back to the judge with whatever is found.

Committee Notes

Committee Comments

Sections 3.6 through 3.14 of this rule are procedures to guide the issuance and return of search warrants. Requirements of such United States Supreme Court cases as Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), are also included in the rules.

City police officers can also execute search warrants. See Palmer v. State, 426 So.2d 950 (Ala.Crim.App.1983); Williams v. State, 505 So.2d 1252(Ala.Crim.App.1986); Hicks v. State, 437 So.2d 1344 (Ala.Crim.App.), aff’d, 437 So.2d 1346 (Ala.1983).

Rule 3.6 is taken from Ala.Code 1975, § 15-5-1. A magistrate must have a license to practice law in order to issue a search warrant. Ala.Code 1975§ 12- 17251(c)(1). Ala.Code 1975, § 12-14-32, provides that municipal judges are authorized to issue search warrants for municipal ordinance violations returnable to municipal court and for violations of state law returnable to any state court. However, Alabama case law recognizes that a municipal law enforcement officer may properly execute a search warrant issued by a municipal court under Ala.Code 1975, § 12-14-32. Palmer v. State, 426 So.2d 950 (Ala.Crim.App.1983); Hicks v. State, 437 So.2d 1344 (Ala.Crim.App.), aff’d, 437 So.2d 1346 (Ala.1983); Williams v. State, 505 So.2d 1252 (Ala.Crim.App.1986). Alabama Code 1975, § 15-5-1, restricts execution of general search warrants to sheriffs and constables of the county.

← Previous Rule 3.5: Defective arrest warrant. Next → Rule 3.7: Authority to issue search warrants.

Cross-References

References (1)

Ala. R. Crim. P. Rule 1.4

This Rule Set

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Last updated: September 2026

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