Ala. R. Crim. P. 3.9

(a) Request Made by Applicant In the Presence of the Issuing Judge or

Magistrate. A warrant shall issue on affidavit sworn to before the issuing judge or

magistrate authorized by law to issue search warrants, establishing grounds for

issuing the warrant. If the judge or magistrate is satisfied that probable cause to

believe that grounds for issuing the warrant exists, the judge or magistrate shall

issue a warrant naming or describing the person and particularly describing the

property and place to be searched. Before ruling on a request for a warrant, the

judge or magistrate may further examine, under oath, the affiant and any witnesses

the affiant may produce. Such additional sworn examination shall be recorded

verbatim by the court reporter, by recording equipment, or by other means and

shall be considered part of the affidavit for purposes of those proceedings;

provided, however, that in reproducing any additional sworn testimony, the

confidentiality of confidential informants shall be preserved.

(b) Request Made by Applicant Outside the Presence of the Issuing Judge

or Magistrate. A judge or magistrate who is authorized to issue search warrants

may issue a warrant based upon oral testimony, affidavit testimony, or a

combination thereof, communicated by telephone or other reliable electronic

means by an applicant who is not in the presence of the judge or magistrate.

(1) Procedures. If the judge or magistrate decides to proceed under this

subdivision, the following procedures apply:

(A) Taking Testimony Under Oath. The judge or

magistrate must place under oath -- and may examine

-- the applicant and any person on whose testimony the

application is based.

(B) Creating a Record of the Testimony. If the

applicant does no more than attest to the contents of a

written affidavit submitted by reliable electronic means,

the judge or magistrate must acknowledge the

attestation in writing on the affidavit. If the judge or

magistrate considers only oral testimony, or oral

testimony in addition to affidavit testimony, the judge or

magistrate shall either record the testimony by a voice

recording device or make a stenographic or longhand

verbatim record of the testimony. If a voice recording

device is used or a stenographic record is made, the

judge or magistrate shall have the record transcribed,

shall certify the accuracy of the transcription, and shall

file a copy of the original record and transcription with

the court. If a longhand verbatim record is made, the

judge or magistrate shall file a signed copy with the

court.

(C) Preparing a Duplicate Original Warrant. The

applicant must prepare a duplicate original warrant and

must read its contents verbatim, or transmit by reliable

electronic means a copy of the duplicate original

warrant, to the judge or magistrate.

(D) Preparing an Original Warrant. If the applicant

reads the contents of the duplicate original warrant to

the judge or magistrate, the judge or magistrate shall

enter what is so read into a document to be known as

the original warrant. If the applicant transmits by

reliable electronic means a copy of the duplicate

original warrant to the judge or magistrate, the copy of

the duplicate original warrant received by the judge or

magistrate may serve as the original warrant.

(E) Modifying the Warrant. The judge or magistrate

may modify the warrant. If the judge or magistrate

modifies the warrant, he or she must either (i) transmit

by reliable electronic means a copy of the modified

warrant to the applicant or (ii) file with the court the

modified original warrant and direct the applicant to

modify the duplicate original warrant accordingly.

(F) Issuing the Warrant. To issue the warrant under

this subdivision, the judge or magistrate must (i) sign

the original warrant, (ii) enter the date and time of

issuance on the original warrant, and (iii) transmit by

reliable electronic means a copy of the original warrant

to the applicant or direct the applicant to sign the

judge's or magistrate's name and enter the date and

time on the duplicate original warrant.

(G) Executing the Warrant. The person who

executes the warrant issued under this subdivision

shall enter the exact time of execution on the face of

the copy of the original warrant that has been

transmitted by reliable electronic means or on the face

of the duplicate original warrant, whichever is

applicable.

(2) Limitation on Motions to Suppress. Absent a finding of bad faith,

evidence obtained pursuant to a warrant issued pursuant to this

subdivision is not subject to a motion to suppress on the ground that

issuing the warrant in the manner permitted by this subdivision was

unreasonable under the circumstances.

(c) Hearsay. The finding that grounds for issuing the warrant exist or that there

is probable cause to believe that they exist may be based, in whole or in part, upon

hearsay evidence, provided that there is substantial basis for believing the

evidence under the totality of the circumstances, given all the circumstances

before the judge or magistrate, including the credibility of the informer and the

basis of his or her knowledge.