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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.

  • AS 12.25.030
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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.
  • AS 12.25.150

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.

  • AS 12.25.180

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.

  • Miranda v. Arizona
  • County of Riverside v. McLaughlin
  • Riley v. California
Sources for this section (6)
  1. AS 12.25.030 — Grounds for arrest by private person or peace officer without warrant
  2. AS 12.25.150 — Rights of prisoner after arrest
  3. AS 12.25.180 — When peace officer may issue citation or take person before the court
  4. Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
  5. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
  6. 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.

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