Being Arrested
AS 12.25.150 — before a judge within 24 hours, Sundays and holidays included, and a call to a lawyer, relative or friend
A peace officer, or a private person, may arrest without a warrant for a crime committed or attempted in their presence, or for a felony when there is reasonable cause to believe the person committed it. An officer may also arrest without a warrant on probable cause for a crime involving domestic violence or a violated protective order, in the officer's presence or not.
Who handles this in Alaska: Alaska Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alaska directory.
- A person arrested goes before a judge or magistrate without unnecessary delay, and within 24 hours absent compelling circumstances, Sundays and holidays included.
- Right after an arrest, the person may telephone or otherwise reach their lawyer and any relative or friend, and a lawyer may visit right away at the person's request or a relative's or friend's.
- An officer who willfully refuses those rights commits a misdemeanor punishable by up to $100, 30 days, or both, and one who refuses a lawyer's visit owes the person $500.
A citation instead. For a class C felony, a misdemeanor or a city ordinance, an officer may write a citation instead of taking the person to a judge, unless the person gives no satisfactory proof of identity, is a danger, is accused of violence or harm, asks to see a judge, or is suspected of domestic violence. For an infraction or a violation, the officer writes a citation unless the person cannot be identified or refuses it.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (6)
- AS 12.25.030 — Grounds for arrest by private person or peace officer without warrant
- AS 12.25.150 — Rights of prisoner after arrest
- AS 12.25.180 — When peace officer may issue citation or take person before the court
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alaska attorney.