Sec. 12.25.180. When peace officer may issue citation or take person before the court.

263 words·~1 min read·/ak/title-12/chapter-25/12-25-180

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

(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(3)[Repealed, § 138 ch 4 FSSLA 2019.]

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