(a) An enlisted member of the militia may be arrested or confined by an oral or written order issued by a commissioned officer or another member of the militia of the state acting at the commissioned officer’s direction. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.
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Terms Used In Alaska Statutes 26.05.395

  • Arrest: Taking physical custody of a person by lawful authority.
  • arrest: means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. See Alaska Statutes 26.05.990
  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • enlisted member: means a person in an enlisted grade. See Alaska Statutes 26.05.990
  • militia of the state: means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. See Alaska Statutes 26.05.990
  • 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.
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) A commissioned or warrant officer may be arrested or confined only by a commanding officer who has authority over the commissioned or warrant officer. The commanding officer shall deliver the order orally, in writing, in person, or by another member of the militia. A commanding officer may not delegate the authority granted in this subsection.
(c) A person may not be arrested or confined unless the officer issuing the order for arrest or confinement has probable cause to believe that an offense under this chapter has been committed and that the person has committed the offense.
(d) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
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