Ala. R. Crim. P. 15.7

(a) GENERALLY. In any case involving a felony, a misdemeanor, or a

violation, an appeal may be taken by the state to the Court of Criminal Appeals

from a pre-trial order of the circuit court (1) suppressing a confession or admission

or other evidence, (2) dismissing an indictment, information, or complaint (or any

part of an indictment, information, or complaint), or (3) quashing an arrest or search

warrant. Such an appeal may be taken only if the prosecutor certifies to the Court

of Criminal Appeals that the appeal is not brought for the purpose of delay and that

the order, if not reversed on appeal, will be fatal to the prosecution of the charge.

A municipality may appeal any pre-trial order entered by the circuit court on trial de

novo of any municipal ordinance violation, in like manner.

(b) NOTICE OF APPEAL; TIME FOR TAKING PRE-TRIAL APPEAL. The notice of

appeal shall be filed both with the clerk of the circuit court and with the clerk of the

Court of Criminal Appeals within seven (7) days after the order has been entered,

but in any case before the defendant has been placed in jeopardy under

established rules of law. The notice of appeal shall specify the charge or charges

as to which, and the defendant or defendants as to whom, the appeal is taken. In

a case in which multiple offenses or multiple defendants have been joined for trial,

such specification on appeal shall be jurisdictional.

(c) PREFERENCE. All appeals and petitions for writs of certiorari pursuant

to this rule shall have preference in the appropriate appellate court and shall be

diligently prosecuted.

(d) EFFECT ON TRIAL COURT PROCEEDINGS. The filing of a notice of appeal

in the circuit court pursuant to this rule shall stay the proceedings in the circuit court

as to any charge with respect to which, and any defendant against whom, the

appeal is taken.

(e) BRIEFS AND ARGUMENTS ON APPEAL. Briefs and arguments in the Court

of Criminal Appeals shall be in accordance with the Alabama Rules of Appellate

Procedure, except that, with regard to briefs and arguments, that court may make

such exceptions to those rules as it deems necessary or desirable in a particular

case.

(f) RECORD ON APPEAL. The record on appeal shall be filed with the Court

of Criminal Appeals in accordance with the Alabama Rules of Appellate Procedure,

except that that court may require the filing of such a different record and may

impose such a different schedule as that court may deem necessary or desirable

in a particular case.

(g) REHEARINGS AND CERTIORARI. When the Court of Criminal Appeals

has rendered a judgment in a pre-trial appeal taken pursuant to this rule, a party

may, within seven (7) days, apply to that court for a rehearing. Applications for

rehearing shall be subject to the provisions of Rule 40, A.R.App.P., as amended,

to accommodate pre-trial appeals pursuant to this rule. Either party, whether or not

that party has applied for a rehearing, may, within seven (7) days of the judgment

of the Court of Criminal Appeals, or within seven (7) days of that court’s order

overruling an application for rehearing, file in the Supreme Court a petition for writ

of certiorari to review any decision of the Court of Criminal Appeals rendered in a

pre-trial appeal pursuant to this rule. Petitions for writs of certiorari shall be subject

to the provisions of Rule 39, A.R.App.P., as amended, to accommodate pre-trial

appeals pursuant to this rule.

(h) EFFECT OF RULING IN PRE-TRIAL APPEAL. If the trial court’s ruling is

upheld following a pre-trial appeal taken pursuant to this rule, then that affirmance

shall operate as a bar to any further prosecution of the defendant or defendants as

to whom the appeal was taken for any crime involved in the charge or charges as

to which the appeal was taken, unless the trial court shall find that the subsequent

prosecution is primarily based upon significant new evidence not reasonably

available to the state when the pre-trial appeal was taken.