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- Alaska Statutes.
- Title 26. Military Affairs, Veterans, Disasters, and Aerospace
- Chapter 5. Code of Military Justice
- Section 395. Imposition of Restraint.
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Section 390. Apprehension.
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Section 400. Restraint of Persons Charged with Offenses.
AS 26.05.395. Imposition of Restraint.
(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.
(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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