(a) A member of the militia or a person authorized under 10 U.S.C. § 801 – 946 or the code of military justice to apprehend persons subject to the code of military justice, a marshal of a court-martial, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state may apprehend a person subject to the code of military justice upon probable cause that an offense under this chapter has been committed and that the person apprehended committed the offense.
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Terms Used In Alaska Statutes 26.05.390

  • code of military justice: means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter. See Alaska Statutes 26.05.990
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
  • 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.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to suppress disorder or mutual combat among members of the militia and to apprehend a person who participates in the disorder or mutual combat.
(c) If an offender is apprehended outside the state, the offender’s return to the area must be in accordance with applicable extradition procedures, if any, or by reciprocal agreement.
(d) A person authorized by this section to apprehend, restrain, or confine persons subject to the code of military justice may not require payment of a fee for apprehending, restraining, or confining a person except as otherwise provided by law.
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