Being Arrested
Ala. Code § 15-10-3 — an arrest without a warrant, the officer's authority and the cause stated, and the warrant shown on request
- An officer may arrest without a warrant, on any day and at any time, for a public offense committed or a breach of the peace threatened in the officer's presence.
- An officer may arrest without a warrant for a felony on probable cause to believe the person committed it, even if it later turns out no felony was committed.
- An officer who knows a warrant has been issued may arrest on it, shows it to the person as soon as possible on request, and without it in hand says what the charge is and that a warrant exists.
- An officer may arrest on probable cause for a violation of a protection order, and for domestic violence or elder abuse.
Who handles this in Alabama: Alabama Appleseed and Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
Arresting without a warrant, the officer states the officer's authority and the cause of the arrest, except when the person is caught in the act or arrested on pursuit.
A report, arrest or not. When an officer investigates an allegation of domestic violence or elder abuse, the officer writes a report of the incident, with the complaint and how the case was handled, whether or not anyone is arrested.
A private person may arrest another for a public offense committed in that person's presence, or for a felony the person arrested committed. The arrest is explained at the time, and the person arrested is taken without unnecessary delay to a judge or magistrate or handed to an officer.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (6)
- Ala. Code § 15-10-3 — Arrest Without Warrant - Generally; Written Report; Protection Orders
- Ala. Code § 15-10-4 — Arrest Without Warrant - Duty of Arresting Officer; Authority of Officer to Break and Enter Dwelling House
- Ala. Code § 15-10-7 — Arrests by Private Persons
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.