89-00023

OFFICE OF THE
ATTORNEY GENERAL
DON SIEGELMAN
ATTORNEY GENERAL
MONTGOMERY, ALABAMA 36130
(205) 261-7400 STATE OF ALABAMA

NOV 1 1988

Honorable J. R. Nichols
Coroner
Winston County
P. 0. Box 328
Haleyville, AL 35565

Coroners - Death - Lakes -

Conservation Department - Law
Enforcement

Code of Alabama 1975, § 15-4-2(a)

authorizes Winston County Coroner
to remove dead body from lake
located in county. Coroner is
not required to wait for marine
police to arrive before removing
body from water.

Coroner should work closely with

other law enforcement agencies to
preserve evidence.

Dear Mr. Nichols:

This opinion is issued in response to your request for an

opinion from the Attorney General.

QUESTION

When a dead body is discovered in Smith Lake

or Upper Bear Creek Lake, may the Winston
County Coroner remove the body from the
water before the marine police arrive, or is
it necessary to leave the corpse in the
water until the marine police get there?
Honorable J. R. Nichols
Page 2

FACTS AND ANALYSIS

In the opinion request you state that Smith Lake and Upper
Bear Creek Lake are located in Winston County and are used for
fishing, boating and other recreational purposes.

Code of Alabama 1975, 5 15-4-2(a) provides as follows:

"When a coroner has been informed that a

person is dead in the county and that such
person died without being attended or
examined by a legally qualified physician,
the coroner shall forthwith proceed to the
place where the dead person is lying,
examine the dead body to ascertain the cause
of death and report the same in the same
manner as inquests are reported."

We have been informed by the director of the marine police

division of the Department of Conservation and Natural Resources
that it is their policy, in situations where the marine police
arrive at the scene before the coroner, not to allow a body to be
removed from the water until the coroner has arrived. This
office was further informed that the marine police have no
authority to require the coroner to wait for the arrival of the
marine police before removing the body and, indeed, we have found
no statutory authority which would so require.

In light of the above, it is the opinion of this office that

the Winston County Coroner may remove a body from Smith Lake and
Upper Bear Creek Lake without waiting for the marine police to
arrive at the scene.

CONCLUSION

Code of Alabama 1975, § 15-4-2(a) authorizes the Winston

County Coroner to remove a dead body found in a lake located in
the county. The coroner is not required to wait for the marine
police to arrive before removing the body from the water.

While this statute does not prohibit the coroner from

removing the body from the lake, the coroner should work closely
with other law enforcement agencies to preserve evidence.
Honorable J. R. Nichols
Page 3

I hope this sufficiently answers your question. If our

office can be of further assistance, please do not hesitate to
contact us.
Sincerely,
DON SIEGELMAN
Attorney General
By: . .

N WILLIAMS BROWN
Assistant Attorney General
DS/JWB/jho
01470