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

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Terms Used In Alaska Statutes 12.25.030

  • Arrest: Taking physical custody of a person by lawful authority.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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 Alaska Stat. § 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 Alaska Stat. § 18.66.990;
(B) committed the crime of violating a protective order in violation of Alaska Stat. § 11.56.740; or
(C) violated a condition of release imposed under trial in certain cases” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”AK”>Alaska Stat. § 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 Alaska Stat. § 11.41.270;
(B) violated Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. Chapter 12.30; or
(D) violated Alaska Stat. § 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, Sec. 16 ch 61 SLA 1982].
(d)[Repealed, Sec. 72 ch 64 SLA 1996].
(e) In this section, “health care facility” has the meaning given in Alaska Stat. § 18.07.111.
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