(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(3) [Repealed, § 138 ch 4 FSSLA 2019.]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.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 25. Arrests and Citations
Sec. 12.25.175. Uniform citation format and procedure.
Sec. 12.25.180. When peace officer may issue citation or take person before the court.
Sec. 12.25.190. When person to be given five-day notice to appear in court.
Sec. 12.25.195. Disposition of scheduled offenses.
Sec. 12.25.200. Form for citations.
Sec. 12.25.210. Disposition and records of citations.
Sec. 12.25.220. When copy of citation considered a lawful complaint.
Sec. 12.25.230. Failure to obey citation; limitation on penalty.