AL · rules
Ala. R. Crim. P. 3.5
Defective arrest warrant
An arrest warrant shall not be invalidated nor shall any person in custody
thereon be discharged because of a defect in form. The arrest warrant may be
amended to remedy such defect.
History
Committee Comments Rule 3.5 restates the Alabama law in that a mere defect in form, as opposed to a defect in substance, will not serve to invalidate an arrest warrant. See Wilson v. State, 99 Ala. 194, 13 So. 427 (1892). The problem remains for determination of what constitutes a defect in form rather than a defect in substance. Normally, aliases, fictitious names, and descriptions are considered matters of form and may be amended if shown to be incorrect.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
c1e3d507604a2ca6410d0bf6c1957ffb45593bed7512ff80b5aa6a2e0c90da78
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