The Alabama Supreme Court ruled Friday that the Jefferson County jail and Sheriff Mark Pettway are not required to accept inmates arrested by Birmingham Police until a proper warrant has been secured.
The justices ruled unanimously in favor of Pettway, who began refusing to house arrestees in late 2023 unless the arrestees had a warrant signed by a Jefferson County judge. Typically, on-site arrestees do not receive a warrant until 24-to-48 hours after the arrest. By state law, no arrestee can be held for more than 48 hours without a warrant issued.
So, the issue was a fairly minor one for the two sides—one that would force BPD to house its arrestees for up to two days at the most, depending on how quickly a warrant could be obtained following any arrest.
“Although it is convenient and efficient for a municipality to have an arrangement with the sheriff for the housing of state-law violators during the interim period between the arrest and the issuance of a warrant, there does not appear to be any requirement in the law that a sheriff participate in such an agreement,” wrote Justice Bill Lewis.
Still, both sides contend the issue could translate into considerable sums of money. The cost of housing and feeding inmates—even those in jail for only a couple of days—start to mount quickly.
