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Alaska Statutes Title 12. Code of Criminal Procedure § 12.25.180. When peace officer may issue citation or take person before the court

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if

(1) the person does not furnish satisfactory evidence of identity;

(2) the peace officer reasonably believes the person is a danger to others;

(3) the crime for which the person is contacted is one involving violence or harm to another person or to property;

(4) the person asks to be taken before a judge or magistrate under AS 12.25.150; or

(5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, “crime involving domestic violence” has the meaning given in AS 18.66.990.

(b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if

(1) the person does not furnish satisfactory evidence of identity;

(2) the person refuses to accept service of the citation.

(3) Repealed by 1st Sp. Sess. 2019, ch. 4, § 138

(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

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Cite this article: FindLaw.com - Alaska Statutes Title 12. Code of Criminal Procedure § 12.25.180. When peace officer may issue citation or take person before the court - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-12-code-of-criminal-procedure/ak-st-sect-12-25-180/

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