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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 25. Arrests and Citations
- Section 180. When Peace Officer May Issue Citation or Take Person Before the Court.
previous: Section 160
. Arrest Defined.
next: Section 190
. When Person to Be Given Five-Day Notice to Appear in Court. [See Delayed Amendment Note.]
AS 12.25.180. When Peace Officer May Issue Citation or Take Person Before the Court.
- (a) When a person is stopped or contacted by a peace officer for the commission of a misdemeanor or the violation of a
municipal ordinance, the person may, in the discretion of the contacting peace officer, be issued a citation instead of
being taken before a judge or magistrate under AS 12.25.150
- (1) the person does not furnish satisfactory evidence of identity;
- (2) the contacting officer has reasonable and probable cause to believe the person is a danger to self or 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 person is stopped or contacted by a peace officer for the commission of an infraction or a violation, the
person shall be issued a citation instead of being taken before a judge or magistrate under AS 12.25.150, unless
- (1) the person does not furnish satisfactory evidence of identity; or
- (2) the person refuses to accept the citation or to give a written promise to appear as provided for under AS 12.25.190
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