Talley v. State

1 Citing case

  1. Johnson v. State

    675 So. 2d 512 (Ala. Crim. App. 1995)   Cited 8 times
    In Johnson v. State, 675 So. 2d 512, 513 (Ala. Crim. App. 1995), this Court held that, because the appellant's arrest warrant, which was issued for contempt of court, "was not for the commission of a felony or a misdemeanor, the arresting officer could not legally arrest the appellant without personally possessing the arrest warrant."

    Lawful custody is an element of the offense of escape, Barnett v. State, 517 So.2d 641 (Ala.Cr.App. 1987), and in order for custody to be lawful the arrest must be legal. § 13A-10-30(b)(1). See also Talley v. State, 479 So.2d 1307 (Ala.Cr.App. 1985). Section 15-10-3 sets forth the circumstances under which an officer may arrest an individual without having personal possession of the arrest warrant.