AL · rules
Ala. R. Crim. P. 3.13
Unlawfully seized property
(a) MOTION FOR RETURN OF PROPERTY. A person aggrieved by an unlawful
search and seizure may move the court for the return of the property seized on the
ground that he or she is entitled to lawful possession of the property which was
illegally seized. The judge shall receive evidence on any issue of fact necessary to
the decision of the motion. If the motion is granted, the property shall be restored.
If a motion of return of property is made or comes on for hearing after an indictment
or information is filed, it shall be treated also as a motion to suppress evidence.
(b) MOTION TO SUPPRESS. A motion to suppress may be made at any time
after indictment.
History
Committee Comments This rule is similar to Rule 41(e) and (f), Fed.R.Crim.P., and modifies Ala.Code 1975,§ 15-5-16. Of course, if the property seized is contraband, it can be lawfully held even if the property is subject to the exclusionary rules and does not have to be returned. This rule is not intended to modify the substantive exclusionary rules of evidence or to affect the scope of such rules as they may develop.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
4093a99cbb2544fb4eb9b3472febc08d36ff910117463e87d72ad2998e5ce028
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