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.
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AS 12.25.180. When Peace Officer May Issue Citation or Take Person Before the Court.

(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor or the violation of a municipal ordinance, the officer may, in the officer's discretion issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if

(1) the person does not furnish satisfactory evidence of identity;

(2) the peace officer reasonably believes the person is a danger to 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 peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if

(1) the person does not furnish satisfactory evidence of identity;

(2) the person refuses to accept service of the citation;

(3) [Repealed, § 138 ch 4 FSSLA 2019.]

(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

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