Sec. 12.25.030. Grounds for arrest by private person or peace officer without warrant.

387 words·~2 min read·/ak/title-12/chapter-25/12-25-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A private person or a peace officer without a warrant may arrest a person

(1)for a crime committed or attempted in the presence of the person making the arrest;

(2)when the person has committed a felony, although not in the presence of the person making the arrest;

(3)when a felony has in fact been committed, and the person making the arrest has reasonable cause for believing the person to have committed it.

(b)In addition to the authority granted by

(a)of this section, a peace officer

(1)shall make an arrest under the circumstances described in AS 18.65.530 ;

(2)without a warrant may arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer,

(A)committed a crime involving domestic violence, whether the crime is a felony or a misdemeanor; in this subparagraph, “crime involving domestic violence” has the meaning given in AS 18.66.990 ;

(B)committed the crime of violating a protective order in violation of AS 11.56.740 ; or

(C)violated a condition of release imposed under AS 12.30.016

(e)or 12.30.027;

(3)without a warrant may arrest a person when the peace officer has probable cause for believing that the person has

(A)committed a crime under or violated conditions imposed as part of the person's release before trial on misdemeanor charges brought under AS 11.41.270 ;

(B)violated AS 04.16.050 or an ordinance with similar elements; however, unless there is a lawful reason for further detention, a person who is under 18 years of age and who has been arrested for violating AS 04.16.050 or an ordinance with similar elements shall be cited for the offense and released to the person's parent, guardian, or legal custodian;

(C)violated conditions imposed as part of the person's release under the provisions of AS 12.30 ; or

(D)violated AS 11.41.230 at a health care facility, and the person

(i)was not seeking medical treatment at the facility; or

(ii)was stable for discharge.

(c)[Repealed, § 16 ch 61 SLA 1982.]

(d)[Repealed, § 72 ch 64 SLA 1996.]

(e)In this section, “health care facility” has the meaning given in AS 18.07.111 .