Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 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person does not furnish satisfactory evidence of identity;(2) the person refuses to accept service of the citation.(3)[Repealed, Sec. 138 ch 4 FSSLA 2019.](c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.Amended by SLA 2019SP1, ch. 4,sec. 138, eff. 7/1/2019.Amended by SLA 2016, ch. 36,§§sec.51, sec.52 eff. 1/1/2017.